Burrell v. Kern
Oregon Supreme Court
From Multnomah : John B. Cleland, Judge. This is a suit to foreclose a mortgage. The plaintiffs are styled, in the caption or title of the complaint, “Walter F. Burrell and D. P. Thompson, Executors,” and it is alleged, among other things, that at all the times stated in the complaint plaintiffs were, and now are, the duly appointed, legally qualified, and acting executors of the last will and testament of M. S. Burrell, deceased, and that defendants made, executed, and…
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From Multnomah : John B. Cleland, Judge. This is a suit to foreclose a mortgage. The plaintiffs are styled, in the caption or title of the complaint, “Walter F. Burrell and D. P. Thompson, Executors,” and it is alleged, among other things, that at all the times stated in the complaint plaintiffs were, and now are, the duly appointed, legally qualified, and acting executors of the last will and testament of M. S. Burrell, deceased, and that defendants made, executed, and delivered to plaintiffs their certain promissory note, a copy of which, is set out, showing that it was made to “W. F.…
1Opinion of the CourtChief Justice Wolverton
It seems to be the theory of the defendants that suit was brought by the plaintiffs in their representative capacity as executors ; hence the interposition of both the motion and demurrer. But the complaint shows, when the documents upon which it is based, the averments touching them, and its whole scope, are considered, that plaintiffs have sued in their individual, and not their representative, capacity: Beers v. Shannon, 73 N. Y. 292. The prevailing rule seems to be, with possibly some few *503exceptions, that when the cause of suit or action, whether in contract or in tort, accrues after the…
2Cases cited6 opinions
- Beers v. . ShannonNew York Court of Appeals · 1878
- Kane v. PaulSupreme Court of the United States · 1840
- Mowry v. AdamsMassachusetts Supreme Judicial Court · 1817
- Grimmell v. WarnerSupreme Court of Iowa · 1866
- Haskell v. BowenSupreme Court of Vermont · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- Fry v. HubnerOregon Supreme Court · 1899
- Jones Land & Livestock Co. v. SeawellOregon Supreme Court · 1918
- Kitchen v. HolmesOregon Supreme Court · 1902
- Sears v. DalyOregon Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.