Montesano Lum. & Mfg. Co. v. Portland Iron Works
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 2. This is an action for the conversion of personal property. At the close of plaintiff’s case, defendant interposed a motion for a judgment of nonsuit which was granted. The plaintiff appeals.
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From Multnomah: William N. Gatens, Judge. Department 2. This is an action for the conversion of personal property. At the close of plaintiff’s case, defendant interposed a motion for a judgment of nonsuit which was granted. The plaintiff appeals. The complaint, after setting forth the incorporation of the plaintiff and defendant and the history of the ownership and leasing of a certain sawmill and sawmill site located in Chehalis County, Washington, immediately south of the City of Montesano, and the forfeiture of such lease, alleges as follows: “That on and prior to the-day of June, 1913,…
1Opinion of the CourtBean, J.
It is contended on behalf of defendant, in support of the nonsuit, that the plaintiff failed to prove that the lease was assigned in writing to the Montesano Mill Company, and also failed to prove the ownership of the personal property - alleged to have been converted in the manner set forth in the complaint. No testimony was introduced in behalf of defendant.
*6821, 2. It is laid down as a rule that in an action of trover and conversion, possession of the personal property is prima facie evidence of title, and conversion may be inferred from the taking of property and neglect to return it: 38 Cyc.…
2Cases cited17 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Swank v. ElwertOregon Supreme Court · 1910
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Tyson v. McGuineasWisconsin Supreme Court · 1870
- Cottrell v. PickeringUtah Supreme Court · 1907
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3Cited by10 opinions
- Hall v. WorkOregon Supreme Court · 1960
- Yoshida v. Security InsuranceOregon Supreme Court · 1933
- Genova v. JohnsonOregon Supreme Court · 1958
- Eade v. First Nat. Bank of CondonOregon Supreme Court · 1925
- Conley v. HendersonOregon Supreme Court · 1937
5 more not listed; retrieve them via the Exa API.