Sabin v. Michell
Oregon Supreme Court
Appeal from Polk: Geo. H. Burnett, Judge. This is a suit to determine and enforce the right to priority of attaching creditors.
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Appeal from Polk: Geo. H. Burnett, Judge. This is a suit to determine and enforce the right to priority of attaching creditors. From the statement of facts as given in the complaint it appears that on and prior to the twenty-eighth day of November, eighteen hundred and ninety-two, John S. Michell and W. T. Shurtleff were partners doing business under the firm name of John S. Michell; that certain wholesale merchants in Portland had demands against said firm aggregating two thousand seven hundred and forty-six dollars, which, on said day, they sold and assigned to this plaintiff, who has been…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. It is contended for defendants that the allegation *70that Michell and Shurtleff were partners is not sustained by the evidence, but we regard this question as immaterial. The complaint charges a joint and several liability, and it is admitted, as well as alleged, by defendants that the stock of goods in controversy belonged to Michell, and the debt upon which plaintiff’s attachment is based is against him; so that if plaintiff has a cause of action against Michell, it is wholly immaterial, so far as defendants are concerned, whether Shurtleff was liable with…
2Cases cited9 opinions
- Ritter v. ScannellCalifornia Supreme Court · 1858
- O'Brien v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
- Fisk v. HenarieOregon Supreme Court · 1886
- Newton v. AdamsSupreme Court of Vermont · 1832
- Thompson v. RathbunOregon Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Matlock v. BabbOregon Supreme Court · 1897
- Hartwig v. RushingOregon Supreme Court · 1919
- Henningsen v. Title & Trust Co.Oregon Supreme Court · 1935
- McIntosh v. Owosso Carriage & Sleigh Co.Court of Appeals of Texas · 1912