Smith v. Griswold
Oregon Supreme Court
Appeal from Multnomah County. Smith was the owner of three claims against the government of the United States, agregating one thousand three hundred' and seventy-five dollars.
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Appeal from Multnomah County. Smith was the owner of three claims against the government of the United States, agregating one thousand three hundred' and seventy-five dollars. They were for services as a packer and for the use of a horse in the volunteer service in the Indian war of 1854, nine hundred and sixty dollars; for the use of a mule furnished in the Indian war of 1855-6, two hundred and thirty dollars, and for the value of the mule, lost while in such service, one hundred and eighty-five dollars. In 1873 Smith employed B. F. Dowell to collect these claims from the government, and…
1Opinion of the Court
By the Court, Boise, J.:
The first question presented for consideration is, has a court of equity jurisdiction of this case ? It is claimed by the appellant that the plaintiff has a complete remedy for the injuries complained of in an action for deceit.
*446In this case there had been a sale of certain claims against the United States by the plaintiff to defendant (Griswold), and a bill of sale executed by the plaintiff, which made Griswold the legal owner, and enabled him to collect the same for his own use. The complaint alleges that Griswold in order to induce the plaintiff to sell these claims,…
2Cases cited1 opinion
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
3Cited by5 opinions
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- Hansen v. HolmbergOregon Supreme Court · 1945
- Hyde v. Albert E. Peirce & Co.Oregon Supreme Court · 1934
- Rolston v. MarkhamOregon Supreme Court · 1899
- White v. HarrisonOregon Supreme Court · 1921