Hart v. Oregon Laundry Co.
Oregon Supreme Court
From Multnomah.: George W. Stapleton, Judge. In Banc. From the record we condense the following statement of facts in this case: The plaintiff had a chattel mortgage on an automobile owned by his brother, to secure the latter’s note for $400, payable on or before two years after August 8, 1916. The mortgage contains this provision: “But in case # * said property * * be seized or attached or levied upon * * then the said promissory note shall at once become due and payable,…
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From Multnomah.: George W. Stapleton, Judge. In Banc. From the record we condense the following statement of facts in this case: The plaintiff had a chattel mortgage on an automobile owned by his brother, to secure the latter’s note for $400, payable on or before two years after August 8, 1916. The mortgage contains this provision: “But in case # * said property * * be seized or attached or levied upon * * then the said promissory note shall at once become due and payable, and this mortgage may be foreclosed in the manner provided by law for the foreclosure of such chattel mortgages as do not…
1Opinion of the CourtBurnett, J.
1. In speaking of trover and conversion in Cooper v. Chitty, 1 Burr. 31, quoted with approval by Mr. Justice Slater in Swank v. Elwert, 55 Or. 487 (105 Pac. 901), Lord Mansfield said:
“No damages are recoverable for the act of taking; all must be for the act of converting. This is the tort or maleficium, and to entitle the plaintiff to recover two things are necessary: First, property in the plaintiff; secondly, a wrongful conversion by the defendant.”
Further, Mr. Justice Slater says in the latter case:
“In this state conversion has been defined as a dealing by a person with chattels not…
2Cases cited9 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Swank v. ElwertOregon Supreme Court · 1910
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
- Lee Tung v. BurkhartOregon Supreme Court · 1911
- Ayre v. HixsonOregon Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Schlieff v. BistlineIdaho Supreme Court · 1932
- Backus v. WestOregon Supreme Court · 1922
- Vissenberg v. BresnahenWyoming Supreme Court · 1949
- Nielsen v. FerrenburgOregon Supreme Court · 1967