Legal Opinion

Spencer v. Wolff

Oregon Supreme Court

Decided January 22, 1926PublishedCited by 14 opinions

1Opinion of the CourtCo Show, J.

The demurrer to the complaint was properly overruled. It does not appear from the face of the complaint when the defendant collected the money, nor that the partnership alleged in the complaint and admitted by the demurrer was dissolved and its affairs settled: McKinnis v. Dodge et al., 103 Or. 9, 15 (203 Pac. 876); McDonald v. Holmes, 22 Or. 216 (29 Pac. 735). The complaint states a good cause of suit in equity: Li Sai Cheuk v. Lee Lung, 79 Or. 563 (146 Pac. 94, 156 Pac. 254). The affirmative matter alleged in the answer and admitted by the plaintiff does not constitute a complete defense to…

2Cases cited7 opinions

  1. Welch v. JohnsonOregon Supreme Court · 1919
  2. Kabat v. MooreOregon Supreme Court · 1906
  3. McDonald v. HolmesOregon Supreme Court · 1892
  4. Owen v. LeberOregon Supreme Court · 1924
  5. Wood v. School District No. 13Oregon Supreme Court · 1923

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Ward v. TOWN TAVERNOregon Supreme Court · 1951
  2. Oldenburg v. ClaggettOregon Supreme Court · 1933
  3. Nelson v. SmithOregon Supreme Court · 1937
  4. Northern Pac. Ry. Co. v. Twohy Bros. Co.Court of Appeals for the Ninth Circuit · 1938
  5. Thorp v. RutherfordOregon Supreme Court · 1934

9 more not listed; retrieve them via the Exa API.

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