Legal Opinion

Northern Brewery Co. v. Princess Hotel

Oregon Supreme Court

Decided November 23, 1915PublishedCited by 7 opinions

From Multnomah: William N. Gatens, Judge. Statement by Mr. Chief Justice Moore. This is a suit by the Northern Brewery Company, a corporation, against the Princess Hotel, a corporation, Gardner F. Elliott, W. W. Wyatt, J. R. Prigmore, W. F. G. Thacher, E. F. Younger, T. J. Ward and E. F. Younger, trading as Ward & Younger, B. Lee Paget, and American Surety Company, a corporation, and T. G. Anderson, to foreclose a chattel mortgage.

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From Multnomah: William N. Gatens, Judge. Statement by Mr. Chief Justice Moore. This is a suit by the Northern Brewery Company, a corporation, against the Princess Hotel, a corporation, Gardner F. Elliott, W. W. Wyatt, J. R. Prigmore, W. F. G. Thacher, E. F. Younger, T. J. Ward and E. F. Younger, trading as Ward & Younger, B. Lee Paget, and American Surety Company, a corporation, and T. G. Anderson, to foreclose a chattel mortgage. The plaintiff, the Northern Brewery Company, a corporation, having the right to the possession in Portland, Oregon, of a four-story building with a basement,…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

1. It is contended by appellant’s counsel that when the plaintiff’s agent was appointed receiver and took possession of the leased premises, thereby ousting the tenant, the landlord was restored to its original estate, and, this being so, no charge in excess of $3,000, the amount of rent in arrears when this suit was commenced, could legally have been impressed on the mortgaged personal property, and an error was committed in decreeing a recovery of $5,000, the face value of the larger note. It is insisted by plaintiff’s counsel, however, that since the…

2Cases cited7 opinions

  1. Edwards v. PerkinsOregon Supreme Court · 1879
  2. Yuen Suey v. FleshmanOregon Supreme Court · 1913
  3. Osmers v. FureyMontana Supreme Court · 1905
  4. Bartelt v. SmithWisconsin Supreme Court · 1911
  5. State v. . R. R.Supreme Court of North Carolina · 1910

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

3Cited by7 opinions

  1. Sunset Fuel & Engineering Co. v. ComptonCourt of Appeals of Oregon · 1989
  2. Moumal v. ParkhurstOregon Supreme Court · 1918
  3. Johnson v. National Sugar Manufacturing Co.Supreme Court of Colorado · 1931
  4. D. M. Development Co. v. OsburnCourt of Appeals of Oregon · 1980
  5. Ponsler v. WilsonOregon Supreme Court · 1933

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

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