Hoffman v. Toft
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department. 2. Statement by Mr. Justice Bean. This is an action by J. L. Hoffman against John F. Toft, Joseph L. Gawley, W. M. Dillenbeck, John F. Shorey, and Colombian Timber Company, a Washington corporation, and this appeal is from a judgment dismissing the complaint and action, following an order sustaining a demurrer to the complaint.
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From Multnomah: William N. Gatens, Judge. Department. 2. Statement by Mr. Justice Bean. This is an action by J. L. Hoffman against John F. Toft, Joseph L. Gawley, W. M. Dillenbeck, John F. Shorey, and Colombian Timber Company, a Washington corporation, and this appeal is from a judgment dismissing the complaint and action, following an order sustaining a demurrer to the complaint. The plaintiff alleges in his complaint, in substance, that the defendant corporation was organized under the laws of the State, of Washington, and maintained an office in Portland, Oregon; that the defendant Shorey…
1Opinion of the CourtJustice Bean
1. It is contended by the defendants, as in the lower court, that the plaintiff has not been damaged, and *493consequently not defrauded, for the reason that he has not yet paid the note executed for the corporate stock. This position is untenable. To illustrate: Let us suppose that the plaintiff had exchanged a valid $5,000 note of another person, or had traded real or personal property for the corporate stock. It would not for a moment be contended that the plaintiff, under the circumstances alleged in the complaint, was not damaged.thereby. The allegations show that the promissory note…
2Cases cited12 opinions
- Comstock v. . HierNew York Court of Appeals · 1878
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- Thayer v. . ManleyNew York Court of Appeals · 1878
- Stearns v. KennedySupreme Court of Minnesota · 1905
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3Cited by12 opinions
- Poulsen v. Treasure State Industries, Inc.Montana Supreme Court · 1981
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- O'Connell v. Union Drilling & Petroleum Co.California Court of Appeal · 1932
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