Hicks v. Beals
Oregon Supreme Court
From-Tillamook: George E. Bagley, Judge. Department 2. Statement by Mr. Justice Bean. J. H. Hicks, plaintiff in this suit, purchased a garage of the defendant B. L. Beals, Jr., with the equipment and stock of merchandise in bulk, the purchase price aggregating $1,300. At the time of the deal one Snodgrass, who held a chattel mortgage on the merchandise in question given for the purchase price, was in possession for the purpose of enforcing his lien.
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From-Tillamook: George E. Bagley, Judge. Department 2. Statement by Mr. Justice Bean. J. H. Hicks, plaintiff in this suit, purchased a garage of the defendant B. L. Beals, Jr., with the equipment and stock of merchandise in bulk, the purchase price aggregating $1,300. At the time of the deal one Snodgrass, who held a chattel mortgage on the merchandise in question given for the purchase price, was in possession for the purpose of enforcing his lien. As a part of the transaction, with a portion of the purchase money Hicks paid off the mortgage, amounting, with principal and interest, to…
1Opinion of the CourtJustice Bean
It is contended by the Adjustment Bureau that the mistake of plaintiff Hicks was one of law from the •consequences of which equity will not relieve him. It is apparent that at the time he permitted the mortgage to be discharged, he was not aware of any valid claims against the property that would intervene and impair or defeat his right thereto. He is not asking for relief on account of the mistaken idea he entertained as to the Bulk Sales Law. He accedes to all rights of the creditors in this respect which the Adjustment Bureau represents. He was mistaken in regard to other claims of…
2Cases cited6 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885
- Title Guarantee Co. v. WrennOregon Supreme Court · 1899
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Fogarty v. HunterOregon Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Carnall v. KramerSupreme Court of Iowa · 1922
- Wyman, Partridge & Co. v. TierneyWyoming Supreme Court · 1930
- Phegley & Cavender v. Swender Blue Print Co.Oregon Supreme Court · 1930
- Smith v. AllenOregon Supreme Court · 1933
- Calumet & Chicago Canal & Dock Co. v. DavisAppellate Court of Illinois · 1920
1 more not listed; retrieve them via the Exa API.