American Central Insurance v. Weller
Oregon Supreme Court
From Multnomah: W. N. G-atens, Judge. In Banc. This is an action in which the plaintiff, Insurance Company, having paid to Ashley & Rumelin, Bankers, a loss of $300 resulting from the conversion of a certain automobile, seeks to be subrogated to the rights of Ashley & Rumelin, Bankers, against the defendant E. R. Weller, and to recover from the defendant the loss which it paid. The cause was tried to the court without a jury.
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From Multnomah: W. N. G-atens, Judge. In Banc. This is an action in which the plaintiff, Insurance Company, having paid to Ashley & Rumelin, Bankers, a loss of $300 resulting from the conversion of a certain automobile, seeks to be subrogated to the rights of Ashley & Rumelin, Bankers, against the defendant E. R. Weller, and to recover from the defendant the loss which it paid. The cause was tried to the court without a jury. At the close of plaintiff’s testimony the defendant moved for a “directed verdict and judgment.” ’ The motion was granted, and a judgment entered in favor of defendant,…
1Dissent
BURNETT, J.,
Dissenting. — In this case the defendant Weller, a dealer in automobiles, sold a car to one Miller, taking from him a conditional sales contract, which Weller signed as party of the first part and Miller as party of the second part. One of the conditions was that “the rights and obligations of the parties hereto shall be the same as though this contract was a negotiable instrument.” By the contract Miller took possession of the property and agreed to, and did, pay $150 in cash, and further stipulated to pay the balance of the amount owing in monthly installments. The contract…
2Cases cited9 opinions
- Cranston v. West Coast Life Ins.Oregon Supreme Court · 1914
- School District No. 30 v. Alameda Construction Co.Oregon Supreme Court · 1917
- Gregoire v. RourkeOregon Supreme Court · 1895
- King v. MillerOregon Supreme Court · 1908
- Turner v. CyrusOregon Supreme Court · 1919
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