Walker v. First National Bank
Oregon Supreme Court
From Umatilla: W. R. Ellis, Judge. This is an action by J. M. Walker against the First National Bank of Athena and Hugh McLean for the alleged conversion by the defendants of 1,020 sacks of flour manufactured from wheat belonging to the plaintiff. The facts are that some time prior to January, 1902, the Athena Flouring Mill Company owned and operated a flouring mill at Athena, and was engaged in the business of purchasing wheat and manufacturing it into flour for sale.
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From Umatilla: W. R. Ellis, Judge. This is an action by J. M. Walker against the First National Bank of Athena and Hugh McLean for the alleged conversion by the defendants of 1,020 sacks of flour manufactured from wheat belonging to the plaintiff. The facts are that some time prior to January, 1902, the Athena Flouring Mill Company owned and operated a flouring mill at Athena, and was engaged in the business of purchasing wheat and manufacturing it into flour for sale. It also received grain on storage, for which it issued warehouse receipts. During the month of December, 1901, it wrongfully…
1Opinion of the CourtJustice Bean
1. A conversion is defined by this court, in Ramsby v. Beezley, 11 Or. 49 (8 Pac. 288), as “any distinct act of dominion wrongfully exerted over one’s property in denial of his right, or inconsistent with it”; and in Perkins v. McCullough, 36 Or. 146 (59 Pac. 182), it is held that “all persons who aid, advise, or assist the commission of a tort are as fully liable as if they had personally committed the objectionable act.” Before the defendants, or either of them, can be held liable for a conversion of the plaintiff’s property, therefore, it must appear from the testimony that they have…
2Cases cited10 opinions
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Swim v. WilsonCalifornia Supreme Court · 1891
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
- Velsian v. LewisOregon Supreme Court · 1888
- Leuthold v. FairchildSupreme Court of Minnesota · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lee Tung v. BurkhartOregon Supreme Court · 1911
- Kean v. National City BankCourt of Appeals for the Sixth Circuit · 1923
- Siverson v. ClantonOregon Supreme Court · 1918
- United States v. FlemingDistrict Court, N.D. Iowa · 1946
- Daniels v. Foster & KleiserOregon Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.