Legal Opinion

Landigan v. Mayer

Oregon Supreme Court

Decided January 10, 1898PublishedCited by 34 opinions

From Multnomah: E. D. Shattuck,. Judge. This action was instituted by John Landigan against F. J. Alex. Mayer, administrator of the estate of George Herrall, deceased, to recover certain personal property, consisting of a planer, boiler, engine, and governor, bought of J. M. Arthur & Co., in November, 1890, by Jonathan Tice, who, with Viola Tice, then entered into three several contracts with the. company, all similar in nature, and in form as follows: “Portland, Oregon,…

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From Multnomah: E. D. Shattuck,. Judge. This action was instituted by John Landigan against F. J. Alex. Mayer, administrator of the estate of George Herrall, deceased, to recover certain personal property, consisting of a planer, boiler, engine, and governor, bought of J. M. Arthur & Co., in November, 1890, by Jonathan Tice, who, with Viola Tice, then entered into three several contracts with the. company, all similar in nature, and in form as follows: “Portland, Oregon, November 29, 1890. $500.00. June 5, 1891, after date, without grace, for value received, I promise to pay to the order of…

1Opinion of the CourtJustice Wolverton

It is urged that the assignments by J. M. Arthur & Company to the plaintiff transferred their claims or demands only, and that the title to the property, notwithstanding, remained in J. M. Arthur & Company. In'this we cannot concur. The contracts are not only evidences of J. M. Arthur & Company’s demands against Tice, but they contain the condi' tions upon which he may retain the property, and obtain a perfect title thereto, it having been delivered into his possession with the execution of such contracts. The transactions amount to conditional sales, with delivery of possession, the sole…

2Cases cited16 opinions

  1. Tifft v. . HortonNew York Court of Appeals · 1873
  2. Wood v. . ChapinNew York Court of Appeals · 1856
  3. Binkley v. ForknerIndiana Supreme Court · 1889
  4. Varick v. BriggsNew York Court of Chancery · 1837
  5. Sisson v. . HibbardNew York Court of Appeals · 1879

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

3Cited by34 opinions

  1. Murphy v. StateArizona Supreme Court · 1947
  2. Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
  3. High v. DavisOregon Supreme Court · 1978
  4. In re Seward Dredging Co.Court of Appeals for the Second Circuit · 1917
  5. Drake Lumber Co. v. Paget Mortgage Co.Oregon Supreme Court · 1954

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

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