French & Co. v. Haltenhoff
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice Eakin. Tbis is a suit by French & Company, a corporation, against George Haltenboff and Frances Haltenhoff, to collect a note and foreclose a mortgage securing the payment of the same. The note is for the sum of $3,000, dated November 22, 1910, due on or before five years from date, and made payable to the Washington-Oregon Investment Company.
Read the full summary
From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice Eakin. Tbis is a suit by French & Company, a corporation, against George Haltenboff and Frances Haltenhoff, to collect a note and foreclose a mortgage securing the payment of the same. The note is for the sum of $3,000, dated November 22, 1910, due on or before five years from date, and made payable to the Washington-Oregon Investment Company. The note was indorsed for the investment company by its president and secretary. A transfer of the note and mortgage is denied in the answer, and the defendants pleaded that the note and…
1Opinion of the CourtJustice Eakin
1, 2. Defendants urge that the plaintiff having alleged that it is the owner of the note, and the proof showing that it acquired it as collateral security, there is a variance from the pleading; that, the investment company having no title to the note and mortgage, it could not maintain this suit. A pledge of commercial paper duly indorsed to the plaintiff transfers to it the legal title thereto, and the title to the note carries with it the title to the mortgage. This has been recognized as the law in Oregon in Gregoire v. Rourke, 28 Or. 275 (42 Pac. 996); Dawson v. Pogue & Nickell, 18 Or.…
2Cases cited3 opinions
- Gregoire v. RourkeOregon Supreme Court · 1895
- Dawson v. PogueOregon Supreme Court · 1888
- First National Bank v. MillerOregon Supreme Court · 1906
3Cited by1 opinion
- National Bank of the Republic v. American Brewing Co.Montana Supreme Court · 1927