First National Bank v. Jack Mathis General Contractor, Inc.

This is a declaratory judgment proceeding in which First National Bank of Oregon seeks a decree declaring that plaintiff is the owner of a judgment against defendant Jack Mathis General Contractor, Inc. through an assignment of the interest of defendant Phil Sutton, the judgment creditor. Plaintiff appeals from a decree in favor of defendants.

The facts are as follows. In 1961, Phil Sutton did business as a plastering contractor in the Roseburg area. The Douglas County State Bank (which later merged with plaintiff) made loans to him from time to time to meet payroll and other job expenses…