Miller v. Hirschberg
Oregon Supreme Court
Appeal from Polk: George H. Burnett, Judge. This is an action in trover originally commenced by L. Bentley against H. Hirschberg to recover the value of ten thousand two hundred and eleven bushels of wheat, which it is alleged Hirschberg wrongfully converted to his own use. After the commencement of the action Bentley made an assignment, and thereupon Miller, as assignee, was duly substituted as plaintiff, and the action thereafter proceeded in his name.
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Appeal from Polk: George H. Burnett, Judge. This is an action in trover originally commenced by L. Bentley against H. Hirschberg to recover the value of ten thousand two hundred and eleven bushels of wheat, which it is alleged Hirschberg wrongfully converted to his own use. After the commencement of the action Bentley made an assignment, and thereupon Miller, as assignee, was duly substituted as plaintiff, and the action thereafter proceeded in his name. The amended complaint alleges, substantially, that during the years eighteen hundred and eighty-seven, eighteen hundred and eighty-eight,…
1Opinion of the Court
*535Opinion by
Mr. Chief Justice Bean.
In July, eighteen hundred and ninety-four, judgment was rendered in this court affirming the judgment of the court below: 37 Pac. 85. A rehearing was subsequently granted, and in the light of an able reargument we have again carefully considered the question by which the judgment was controlled, but still feel compelled to adhere to our former conclusion. We have, however, taken occasion to make some changes in the language of the opinion, with the view of more fully and clearly stating the reasons by which we are governed, and the present opinion will,…
2Cases cited5 opinions
- Doon v. SmithOregon Supreme Court · 1893
- Cardoze v. SwiftMassachusetts Supreme Judicial Court · 1873
- Aiken v. CoolidgeOregon Supreme Court · 1885
- Andros v. ChildersOregon Supreme Court · 1887
- Gschwander v. CortOregon Supreme Court · 1890
3Cited by21 opinions
- L. B. Menefee Lumber Co. v. MacDonaldOregon Supreme Court · 1927
- Pacific Livestock Co. v. GentryOregon Supreme Court · 1900
- Austin v. VanderbiltOregon Supreme Court · 1906
- Patterson v. PattersonOregon Supreme Court · 1902
- Robson v. HamiltonOregon Supreme Court · 1902
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