Price v. Boot Shop
Oregon Supreme Court
From Marion: Lawrence T. Harris, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by O. E. Price against The Boot Shop, a corporation, and Gr. W. Eyre, to recover damages in the sum of $810.65 for an attachment against the goods which plaintiff had purchased from the Boot Shop and which Gr. W. Eyre had guaranteed to be free from all encumbrances. On March 7, 1912, plaintiff purchased a certain stock of goods in Salem, Oregon, owned by The Boot Shop.
Read the full summary
From Marion: Lawrence T. Harris, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by O. E. Price against The Boot Shop, a corporation, and Gr. W. Eyre, to recover damages in the sum of $810.65 for an attachment against the goods which plaintiff had purchased from the Boot Shop and which Gr. W. Eyre had guaranteed to be free from all encumbrances. On March 7, 1912, plaintiff purchased a certain stock of goods in Salem, Oregon, owned by The Boot Shop. For the purpose of avoiding the necessity of complying with the Bulk Sales Act and in order to facilitate the transfer of…
1Opinion of the CourtJustice Bean
But one question is involved upon this appeal, namely, the validity of the attachment in the case of Stillson-Kellogg Shoe Company against The Boot Shop. The record discloses that a writ of attachment was placed in the hands of the sheriff, and that that officer went to the plaintiff’s place of business and sought to garnishee him for goods in his possession belonging to The Boot Shop. Plaintiff knew that he had not complied. with the Bulk Sales Act (Section 6069 et seq., L. O. L.), and supposed that his guaranty fully protected him. He was unwilling to become a garnishee, and therefore…
2Cases cited7 opinions
- Maxwell v. BollesOregon Supreme Court · 1895
- Schneider v. SearsOregon Supreme Court · 1885
- Raymond v. Rockland Co.Supreme Court of Connecticut · 1873
- Marks v. ShoupSupreme Court of the United States · 1901
- Altona v. DabneyOregon Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Murphy v. BjelikOregon Supreme Court · 1917
- Beery v. BrowningAlaska Supreme Court · 1986
- Edwards v. CaseOregon Supreme Court · 1915
- Peet v. BriggsOregon Supreme Court · 1967
- Glen L. Olson, Inc. v. R. L. Thompson Enterprises, Inc.Oregon Supreme Court · 1988
2 more not listed; retrieve them via the Exa API.