Wilde v. Oregon Trust & Savings Bank
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. Petitioner, George D. Wischhusen, was a depositor in the Oregon Trust & Savings Bank. On August 21, 1907, at the suit of Louis J. Wilde, the bank was declared insolvent, and Thomas C. Devlin was appointed by the circuit court of Multnomah County as receiver of its assets and property.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. Petitioner, George D. Wischhusen, was a depositor in the Oregon Trust & Savings Bank. On August 21, 1907, at the suit of Louis J. Wilde, the bank was declared insolvent, and Thomas C. Devlin was appointed by the circuit court of Multnomah County as receiver of its assets and property. At this date petitioner had on deposit in the bank including interest, $3,209.59. On September 27, 1907, a number of the creditors of the bank, including petitioner, entered into an agreement with the German American Bank, of which…
1Opinion of the CourtJustice McBride
1. The method of procedure adpoted by petitioner is in the main correct. There was no necessity for an order permitting him to intervene, because, as a creditor whose claim had been proved and accepted, he was already in court, and in a position to litigate any right or supposed right that he had in the premises. The receiver was the mere agent and officer of the court, and subject to its direction, and for any abuse or misuse of his delegated authority the orderly remedy was to petition the court, *554as was done in the case at bar, pointing out the abuse and asking that it be corrected.
2. In…
2Cited by15 opinions
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- Parmentier v. RansomOregon Supreme Court · 1946
- McFarland v. Carlsbad Sanatorium Co.Oregon Supreme Court · 1913
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