First National Bank v. Oregon Paper Co.
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. This controversy involves the question of the compensation to which receivers are legally entitled and the allowance they should have for their attorney.
Read the full summary
From Multnomah: Arthur L. Frazer, Judge. This controversy involves the question of the compensation to which receivers are legally entitled and the allowance they should have for their attorney. The First National Bank of Portland having commenced a suit -against the Oregon Pulp & Paper Co., a corporation, to foreclose a mortgage given by it to secure the payment of the sum of $10,000, the court, on July 5, 1901, appointed E. E. Merges and L. E. Latourette as receivers, with directions to file an undertaking in the sum of $5,000 and to take possession of the mortgaged property, consisting of…
1Opinion of the CourtChief Justice Moore
It is contended by appellants’ counsel that the remuneration to which a receiver is entitled depends upon the value of the property committed to him, the character of the service demanded, and the amount of labor performed, and, in the absence of any statute regulating such remuneration, its measure is determined by the rule prescribing the compensation for an executor or administrator; that a receiver is also entitled to a reasonable fee for the services of an attorney; and that the court erred in not allowing the appellants the amount claimed by them. The compensation allowed an executor or…
2Cases cited3 opinions
- Stuart v. BoulwareSupreme Court of the United States · 1890
- Hembree v. DawsonOregon Supreme Court · 1890
- Joost v. BennettCalifornia Supreme Court · 1899
3Cited by9 opinions
- Ashmun v. NicholsOregon Supreme Court · 1919
- Columbia Realty Investment Co. v. Alameda Land Co.Oregon Supreme Court · 1917
- Clifford v. MontgomerySupreme Court of Alabama · 1919
- Weber v. Empire Holding Corp.Oregon Supreme Court · 1935
- Wilder v. ReedOregon Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.