Beach v. Guaranty Sav. Assoc.
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. This is a proceeding by Seneca 0. Beach against the Guaranty Savings & Loan Association. It is denominated by plaintiff’s counsel an action at law to recover money had and received to their client’s use, though defendant’s counsel insist that it is a suit in equity for an accounting.
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From Multnomah: Arthur L. Frazer, Judge. This is a proceeding by Seneca 0. Beach against the Guaranty Savings & Loan Association. It is denominated by plaintiff’s counsel an action at law to recover money had and received to their client’s use, though defendant’s counsel insist that it is a suit in equity for an accounting. The facts are that on April 15, 1892, the plaintiff, being the owner of lots 20 and 21 in block 2 in Arbor Lodge, Multnomah County, applied to the defendant, a corporation existing under the laws of Minnesota as a building and loan association, for membership therein, and…
1Opinion of the CourtChief Justice Moore
It is contended by appellant’s counsel that this is an action in assumpsit for money secured by fraud and deceit; that the bond given to évidence the loan has been surrendered, the mortgage satisfied, and the contract fully executed ; and that the complaint contains no averments requiring equitable intervention; and, conceding that money voluntarily paid as usury cannot be obtained by course of law, the allegations of the complaint show that such payments were induced by fraud, to recover which an action is maintainable, and hence the court erred in denying plaintiff his constitutional right…
2Cases cited17 opinions
- Washington Investment Ass'n v. StanleyOregon Supreme Court · 1901
- Balfour v. DavisOregon Supreme Court · 1886
- Parker v. Fulton Loan & Building Ass'nSupreme Court of Georgia · 1872
- Pritchett v. MitchellSupreme Court of Kansas · 1876
- Second German American Building Ass'n v. NewmanCourt of Appeals of Maryland · 1878
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Coast Finance Corp. v. Powers Furniture Co.Oregon Supreme Court · 1922
- Fidelity Security Corp. v. BrugmanOregon Supreme Court · 1931
- Crisman v. CorbinOregon Supreme Court · 1942
- Empire Building Supply, Inc. v. EKO Investments, Inc.Court of Appeals of Oregon · 1979
- Thompson v. HibbsOregon Supreme Court · 1904