Commercial National Bank v. Davidson
Oregon Supreme Court
Appeal from a decree of the circuit court for the county of Multnomah, rendered upon the foreclosure of a certain chattel mortgage. The appellant, on the 18th day of October, 1886, executed to the defendants, Jeff. Mundy and Nick. Johnson, an instrument in writing, of which the following is a copy: "Pomona, Kansas, October 18, 1886. "For and in consideration of the sum of one hundred and thirty-five thousand dollars, in hand paid by Jeff. Mundy and Nick.
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Appeal from a decree of the circuit court for the county of Multnomah, rendered upon the foreclosure of a certain chattel mortgage. The appellant, on the 18th day of October, 1886, executed to the defendants, Jeff. Mundy and Nick. Johnson, an instrument in writing, of which the following is a copy: "Pomona, Kansas, October 18, 1886. "For and in consideration of the sum of one hundred and thirty-five thousand dollars, in hand paid by Jeff. Mundy and Nick. Johnson, of Pomona, Kansas, the receipt whereof is hereby acknowledged, I hereby sell and agree to deliver to said Jeff. Mundy and Nick.…
1Opinion of the CourtThayer, C. J.
I am satisfied that the bill of sale from Davidson to Mundy & Johnson of October 18,1886, and the written order from Davidson to his foreman, Spencer, delivered at the same time, operated as a transfer from Davidson to Mundy & Johnson of the title to all the cattle owned by Davidson at the time, and which belonged to the Star ranch. No one, it seems to me, can read said instruments without concluding therefrom that such was the intention of the parties. Counsel for the appellant contends, however, that as the bill of sale specified a certain number of cattle—-7,000—and as a matter of fact…
2Cases cited3 opinions
- Balfour v. DavisOregon Supreme Court · 1886
- Peyser v. ColeOregon Supreme Court · 1883
- Jacobs v. McCalleyOregon Supreme Court · 1879
3Cited by20 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- American Physicians Insurance Co. v. HruskaSupreme Court of Arkansas · 1968
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Seattle-First National Bank v. ScheiberCourt of Appeals of Oregon · 1981
- Hirschfeld v. McCullaghOregon Supreme Court · 1912
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