Seaweard v. First Nat. Bank
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Bane. Statement by Mr. Justice Moore. This is an action by J. H. Seaweard against the First National Bank of Ontario, Oregon, a corporation, to recover $2,614.16 as money had and received to the use of T. M. Seaweard and E. F. Seaweard, partners as Seaweard Brothers, which claim is alleged to have been assigned to the plaintiff.
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From Malheur: Dalton Biggs, Judge. In Bane. Statement by Mr. Justice Moore. This is an action by J. H. Seaweard against the First National Bank of Ontario, Oregon, a corporation, to recover $2,614.16 as money had and received to the use of T. M. Seaweard and E. F. Seaweard, partners as Seaweard Brothers, which claim is alleged to have been assigned to the plaintiff. This action is a continuation of the suit of the First National Bank v. Seaweard, 78 Or. 567 (152 Pac. 883). The facts there set forth and here involved are to the effect that about January 1, 1911, T. M. Seaweard and E. F.…
1Opinion of the CourtJustice Moore
1. It is maintained by defendant’s counsel that when the mandate in the foreclosure suit was sent down an opportunity was presented to contest in the lower court the right of the bank to retain the sum of money which it had received as rents, issues, and profits.of the farm in the year 1915, pending the appeal; but no advantage having been taken of that fitting occasion, and such fact having been set forth in the answer herein as a bar to a recovery, an error was committed in awarding *685any part of that sum to the plaintiff. The decree in that suit having been for a strict foreclosure, to be…
2Cases cited20 opinions
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Baker County v. HuntingtonOregon Supreme Court · 1906
- Portland Trust Co. v. CoulterOregon Supreme Court · 1892
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3Cited by1 opinion
- Lloyd-Garretson Co. v. Marvin & Co.Oregon Supreme Court · 1928