Hammer v. Downing
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by Thomas J. Hammer against F. 0. Downing and F. H. Hopkins to recover certain moneys paid to them by plaintiff and others. There was a judgment for plaintiff. The judgment was reversed and a rehearing denied, the opinion in both instances being written by Judge Wolverton. Afterward a motion to vacate the judgment for costs was overruled, and finally part of the costs claimed were disallowed.
Read the full summary
From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by Thomas J. Hammer against F. 0. Downing and F. H. Hopkins to recover certain moneys paid to them by plaintiff and others. There was a judgment for plaintiff. The judgment was reversed and a rehearing denied, the opinion in both instances being written by Judge Wolverton. Afterward a motion to vacate the judgment for costs was overruled, and finally part of the costs claimed were disallowed. Judge Moore wrote the opinions on both motions.
1Opinion of the CourtJustice Wolverton
The plaintiff sues for money had and received, his complaint containing eight counts. The allegations are similar in all, except the last, wherein no assignment of demand was necessary to be shown, as the transaction involved was with the plaintiff personally. We therefore give the first, only, which is as follows, omitting formal averments: “That at various times between the first day of January, 1896, and the first day of June, 1897, at Portland, Oregon, W. A. Wells advanced and paid to defendants, as such partners, divers sums of money, altogether amounting to the sum of $1,200, to be used…
2Cases cited3 opinions
- Robinson Consolidated Min. Co. v. JohnsonSupreme Court of Colorado · 1889
- Dawson v. DillonSupreme Court of Missouri · 1858
- Heath v. DoyleSupreme Court of Rhode Island · 1893
3Cited by14 opinions
- Leadbetter v. PriceOregon Supreme Court · 1921
- Bramwell v. RowlandOregon Supreme Court · 1927
- Waite v. WillisOregon Supreme Court · 1902
- Sommer v. ComptonOregon Supreme Court · 1909
- Union St Ry. Co. v. First Nat. BankOregon Supreme Court · 1903
9 more not listed; retrieve them via the Exa API.