Aramburn v. Guerricagoitia
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. This is a suit to foreclose a chattel mortgage upon a hand of sheep and the increase and wool thereof, for the sum of $23,049.65 and future advances. From a decree in favor of plaintiff, defendant Loren Goicochea appealed. The plaintiff also prosecuted a cross-appeal.
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From Malheur: Dalton Biggs, Judge. In Banc. This is a suit to foreclose a chattel mortgage upon a hand of sheep and the increase and wool thereof, for the sum of $23,049.65 and future advances. From a decree in favor of plaintiff, defendant Loren Goicochea appealed. The plaintiff also prosecuted a cross-appeal. The controversy involved in this suit arose substantially as follows: About October, 1909, the defendants, Ignacio Guerricagoitia and Loren Goicochea, whom we will hereafter refer to by their first names, agreed to form a partnership and engage in the sheep business: On November 19th…
1Opinion of the CourtBean, J.
The first question to dispose of is that pertaining to the mortgage of November 21, 1913. It is claimed by appellant Loren that the court erred in decreeing that this mortgage created no lien upon the *264property of the defendant Ignacio, and that it was error to decree that any part of the indebtedness of the partnership to plaintiff, amounting to $29,506.19, should be paid by the receiver out of the share claimed by Loren. It is the position of plaintiff upon the cross-appeal that the mortgage of November 21, 1913, created a lien upon all of the partnership property, and that the plaintiff is…
2Cases cited6 opinions
- Smith v. CollinsMassachusetts Supreme Judicial Court · 1874
- Pahlman v. TaylorIllinois Supreme Court · 1874
- Havana, Rantoul & Eastern Railroad v. WalshIllinois Supreme Court · 1877
- Hembree v. Blackburn & PeckhamOregon Supreme Court · 1888
- Salt Lake City Brewing Co. v. HawkeUtah Supreme Court · 1901
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