Legal Opinion

Hammer v. Downing

Oregon Supreme Court

Decided April 8, 1901Published

From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by Thomas J. Hammer against F. 0. Downing and F. H. Hopkins to recover certain moneys paid to them by plaintiff and others. There was a judgment for plaintiff. The judgment was reversed and a rehearing denied, the opinion in both instances being written by Judge Wolverton. Afterward a motion to vacate the judgment for costs was overruled, and finally part of the costs claimed were disallowed.

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From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by Thomas J. Hammer against F. 0. Downing and F. H. Hopkins to recover certain moneys paid to them by plaintiff and others. There was a judgment for plaintiff. The judgment was reversed and a rehearing denied, the opinion in both instances being written by Judge Wolverton. Afterward a motion to vacate the judgment for costs was overruled, and finally part of the costs claimed were disallowed. Judge Moore wrote the opinions on both motions.

1Opinion

*520Decided 3 June, 1901.

On Motion eor Rehearing.

2Opinion of the Court · WolvertonJustice Wolverton

9. It is stoutly insisted by the respondent, in his petition for a rehearing of this cause, that the action for money had and received to the use and benefit of another proceeds upon the idea that the sum sued for, or, rather, the amount in the hands of the defendant at the time of the institution of the action, is a “single or entire demand and cause of action, ’ ’ notwithstanding it may be the accumulation of several amounts received at different times, and must necessarily be so treated and regarded in formulating the pleadings. The position,…

Also in this document: Opinion of the Court · Moore; Opinion of the Court · Moore.

3Cases cited16 opinions

  1. Shutte v. ThompsonSupreme Court of the United States · 1873
  2. Houston v. WilliamsCalifornia Supreme Court · 1859
  3. Phyfe v. . EimerNew York Court of Appeals · 1871
  4. State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
  5. Albert v. SalemOregon Supreme Court · 1901

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