Sperry v. Stennick
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Moore. This is an action by Eliza A. Sperry and Lucile Lemcke against Parker Stennick and L. S. Thomas to recover money. The complaint charges, in effect: That on September 22, 1906, the H. W. Lemcke Company was duly incorporated, and the plaintiffs became the owners of a large number of shares of its capital stock.
Read the full summary
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Moore. This is an action by Eliza A. Sperry and Lucile Lemcke against Parker Stennick and L. S. Thomas to recover money. The complaint charges, in effect: That on September 22, 1906, the H. W. Lemcke Company was duly incorporated, and the plaintiffs became the owners of a large number of shares of its capital stock. That about January 22, 1907, the defendants represented to the corporation and its proper agents that as partners they had secured an option for the purchase of a tract of land, 4,300 feet in length, at $15,600;…
1Opinion of the Court
Me.’ Justice Mooee
delivered the opinion of the court.
1. The testimony so admitted and offered tended to establish each material averment of the complaint, and, such being the case, it is maintained that an error was committed in refusing to submit the cause to the jury. The reason announced by the court for excluding the testimony offered to establish the falsity of the alleged representations was that it appeared from the averments of the complaint that, before this action was instituted, the Lemcke Company had sold to the plaintiffs all its interest in the subject-matter for a valuable…
2Cases cited6 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Dahms v. SearsOregon Supreme Court · 1885
- Weller v. Jersey City, Hoboken & Paterson Street Railway Co.Supreme Court of New Jersey · 1905
- Howd v. BreckenridgeMichigan Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
- Purdy v. UnderwoodOregon Supreme Court · 1918
- Kruse v. BushOregon Supreme Court · 1917
- Gregory v. LovlienCourt of Appeals of Oregon · 2001
- Nichols v. Jackson County BankOregon Supreme Court · 1931
5 more not listed; retrieve them via the Exa API.