First National Bank v. McCreary
Oregon Supreme Court
From Grant: Dalton Biggs, Judge. Statement by Mr. Justice Bean. This is a suit by the First National Bant of Grant County against W. H. McCreary and Thomas B. McPherson. Defendant McCreary appeals from a decree in favor of plaintiff. The facts necessary for a determination of this case are substantially as follows: On the 3d day of January, 1907, Dean Officer executed to the defendant Thos.
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From Grant: Dalton Biggs, Judge. Statement by Mr. Justice Bean. This is a suit by the First National Bant of Grant County against W. H. McCreary and Thomas B. McPherson. Defendant McCreary appeals from a decree in favor of plaintiff. The facts necessary for a determination of this case are substantially as follows: On the 3d day of January, 1907, Dean Officer executed to the defendant Thos. B. McPherson a chattel mortgage upon 120 head of horses, more or less, upon the range in Grant County, Oregon, to secure the payment of two certain promissory notes, one for the sum of $2,600 and one for…
1Opinion of the CourtJustice Bean
Plaintiff contends that the chattel mortgage in question is void, and never became a lien upon the horses, for the reason that it was given without the knowledge or consent of the mortgagee and was never delivered. Defendant McCreary claims that the purchase of the horses was a wrongful conversion of his property. It is conceded that the indorsement of the notes would have carried with them the mortgage if the latter had been delivered. No assignment of the mortgage was ever recorded in Grrant County. Plaintiff claims to be an innocent purchaser of the horses.
It will doubtless shorten this…
2Cases cited6 opinions
- Harrington v. Stromberg-Mullins Co.Montana Supreme Court · 1903
- Shirley v. BurchOregon Supreme Court · 1888
- Bogard v. BarhanOregon Supreme Court · 1910
- Bowers v. BodleyAppellate Court of Illinois · 1879
- Harvey v. LidvallOregon Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- The Farm Bureau Co-Operative Mill and Supply, Inc., and Ottis Watson v. Blue Star Foods, Inc.Court of Appeals for the Eighth Circuit · 1956
- Lancaster v. MAY, AS ADMINISTRATOROregon Supreme Court · 1952
- Zinn v. Denver Livestock Commission Co.Supreme Court of Colorado · 1920
- Farm Bureau Cooperative Mill & Supply, Inc. v. Blue Star Foods, Inc.District Court, W.D. Missouri · 1956
- Jones v. BramwellOregon Supreme Court · 1924
2 more not listed; retrieve them via the Exa API.