Luse v. Isthmus Transit Railway Co.
Oregon Supreme Court
Appeal from Coos County. The respondent is a private corporation, with William Utter as its president. In addition to the powers conferred upon such officer by the general incorporation act of the state, he was business .and financial agent of the corporation by one of its by-laws. As such president and agent, •he executed a promissory note and mortgage upon one of the locomotives of the corporation, in favor of the appellant.
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Appeal from Coos County. The respondent is a private corporation, with William Utter as its president. In addition to the powers conferred upon such officer by the general incorporation act of the state, he was business .and financial agent of the corporation by one of its by-laws. As such president and agent, •he executed a promissory note and mortgage upon one of the locomotives of the corporation, in favor of the appellant. This action was brought to recover, under the mortgage, possession of the mortgaged property. By consent of the parties, the cause was tried by the court. Among other…
1Opinion of the Court
By the Court, Shattuck, J.:
The assignments of error in this case are substantially as follows: 1. The court erred in failing to find that a payment had been made on said mortgage, the particulars regarding the same, as to when and by whom made; 2. The court erred in omitting to find that Wm. Utter had done the entire business for said defendant since its éxistence, and drawn drafts and promissory notes in its name, and with its consent; 3. The court erred in its conclusions of law. The arguments of appellant’s counsel assumes 'and suggests that the circuit court should not merely have found…
2Cases cited3 opinions
- Fink v. Canyon Road Co.Oregon Supreme Court · 1874
- Watson v. Bennett & WhiteNew York Supreme Court · 1851
- Kimberly v. PatchinNew York Court of Appeals · 1859
3Cited by14 opinions
- Currie v. BowmanOregon Supreme Court · 1894
- Moody v. RichardsOregon Supreme Court · 1896
- Siverson v. ClantonOregon Supreme Court · 1918
- Miller v. Head CampOregon Supreme Court · 1904
- Jennings v. FrazierOregon Supreme Court · 1905
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