Stott v. Franey
Oregon Supreme Court
Multnomah county: L. B. Stearns, Judge. Defendants appeal. The facts out of which this controversy has arisen are briefly these: The defendant Franey and one John E. Woods jointly contracted with the city of East Portland to do the grading and graveling of Twelfth street in said city, and to construct the side and cross-walks thereon.
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Multnomah county: L. B. Stearns, Judge. Defendants appeal. The facts out of which this controversy has arisen are briefly these: The defendant Franey and one John E. Woods jointly contracted with the city of East Portland to do the grading and graveling of Twelfth street in said city, and to construct the side and cross-walks thereon. These parties had a prior arrangement between themselves whereby each was to do certain specified parts of the work without sharing profits or losses with each other. About July 17, 1889, Woods having substantially completed his part of the work, for a valuable…
1Opinion of the CourtStrahan, C. J.
— Upon the argument of this cause several objections were made to the plaintiff’s right to maintain this suit, which will be separately noticed so far as may be necessary to a proper disposition of this cause. (1) It is first claimed by the appellant that this suit cannot be maintained for the reason its object is purely legal — that is, to recover the possession of the warrants in controversy; but this objection overlooks one element in the plaintiff’s case. At the time of the assignment of the warrants they were not in existence, and such assignments therefore could not create a strictly…
2Cited by11 opinions
- Seaboard Small Loan Corporation v. OttingerCourt of Appeals for the Fourth Circuit · 1931
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- In re WestDistrict Court, D. Oregon · 1904
- Foss v. CoblerSupreme Court of Iowa · 1898
- Sticka v. Mellon Bank (DE) Natl. Assoc. (In Re Martin)United States Bankruptcy Court, D. Oregon · 1994
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