Doerstler v. First Nat. Bank
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. In Bane. Statement by Mb. Justice McBride. This is an action by M. S. Doerstler against the First National Bank of Roseburg, a corporation, to recover the balance due on alleged deposits made in defendant bank.
Read the full summary
From Douglas: James W. Hamilton, Judge. In Bane. Statement by Mb. Justice McBride. This is an action by M. S. Doerstler against the First National Bank of Roseburg, a corporation, to recover the balance due on alleged deposits made in defendant bank. The complaint alleged, in substance, that for many years prior to April 27, 1911, plaintiff had been a depositor of defendant bank, and that upon that date he had on deposit $5,365.90; that since said date defendant has paid him upon said deposit the sum of $6.90, and no more, leaving a balance due him of $5,359, for which he prays judgment,…
1Opinion of the CourtJustice McBride
1. Many of the questions raised on this appeal have been settled in previous cases arising between the defendant and other depositors. The motion to strike out portions of plaintiff’s reply to defendant’s plea of estoppel was properly overruled. As held in Carlon v. First Nat. Bank, 80 Or. 539 (157 Pac. 809), and Verrell v. First Nat. Bank, 80 Or. 550 (157 Pac. 813), the bank examiner was not the agent of the bank, and no statement to him would estop the plaintiff from *100asserting the facts in an action between him and the bank.
2. The plaintiff, however, assuming the facts to be well pleaded,…
2Cases cited2 opinions
- Carlon v. First Nat. BankOregon Supreme Court · 1916
- Verrell v. First Nat. BankOregon Supreme Court · 1916
3Cited by7 opinions
- Summer Cottagers' Ass'n of Cape May v. City of Cape MaySupreme Court of New Jersey · 1955
- Bramwell v. RowlandOregon Supreme Court · 1927
- C. A. Babcock Co. v. KatzOregon Supreme Court · 1927
- Haines v. First Nat. BankOregon Supreme Court · 1918
- Wasmann v. City Nat. Bank of KnoxvilleCourt of Appeals for the Sixth Circuit · 1931
2 more not listed; retrieve them via the Exa API.