Sabin v. Lebenbaum
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit by judgment creditors of the defendant Lebenbaum,—lately a merchant doing business in Portland,—to set aside a certain chattel mortgage executed by Lebenbaum to his codefendant Silvestone on the eighth day of August, eighteen hundred and ninety-two, to secure the payment of five hundred and twenty-six dollars, and also a general assignment to the defendant Watson, made by Lebenbaum on the second day of September,…
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit by judgment creditors of the defendant Lebenbaum,—lately a merchant doing business in Portland,—to set aside a certain chattel mortgage executed by Lebenbaum to his codefendant Silvestone on the eighth day of August, eighteen hundred and ninety-two, to secure the payment of five hundred and twenty-six dollars, and also a general assignment to the defendant Watson, made by Lebenbaum on the second day of September, eighteen hundred and ninety-two, for the benefit of all his creditors. The facts, which are substantially undisputed,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
*4231. The' main issue in this case is the validity of the general assignment to Watson. As a preliminary question, however, the right of the assignee, who is made a party to the suit, to appear and defend, is challenged because he has not given a bond or filed an inventory of the estate as required by law. This objection is without merit. No. such question is made by the pleadings: on the contrary, the complaint alleges the assignment to Watson; that he accepted the trust, and made a demand on the sheriff for the possession of the attached property, but that at…
2Cases cited6 opinions
- Turner v. . JaycoxNew York Court of Appeals · 1869
- Platt v. . LottNew York Court of Appeals · 1858
- Batten v. SmithWisconsin Supreme Court · 1885
- Emigrant Industrial Sav'gs B'k v. . RocheNew York Court of Appeals · 1883
- Meeker v. SandersSupreme Court of Iowa · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Neuberger v. BoyceOregon Supreme Court · 1896
- Snyder v. MurdockUtah Supreme Court · 1899