Cooper v. McGgrew
Oregon Supreme Court
Appeal from Polk County. This is an action brought upon an undertaking in an action of replevin, heretofore brought by the appellant McGrew against this respondent, for the recovery of certain wheat and oats. The undertaking in the replevin action was executed by McGrew, with Townsend and Logan as sureties, and was for the immediate delivery of the property sued for, which delivery was had.
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Appeal from Polk County. This is an action brought upon an undertaking in an action of replevin, heretofore brought by the appellant McGrew against this respondent, for the recovery of certain wheat and oats. The undertaking in the replevin action was executed by McGrew, with Townsend and Logan as sureties, and was for the immediate delivery of the property sued for, which delivery was had. Thereafter the defendant in the replevin, the respondent here, had a judgment of nonsuit; but the grain, which was the subject of the controversy, ivas never redelivered. The additional facts are stated in…
1Opinion of the Court
By the Court,
Boise, J.:
It is claimed in this case, by the appellant, that the complaint of the plaintiff does not state facts sufficient to constitute a cause of action. The complaint, in setting out the proceedings in the replevin action, shows what property was taken in that action, and the termination of the action in favor of the defendant therein, who is the plaintiff in this action. This termination of the action to recover the property shows a breach of the undertaking which the plaintiff in this action alleges in terms. He then alleges that by reason of such forfeiture, and because…
2Cases cited1 opinion
- Hall v. ArnoldNew York Supreme Court · 1853
3Cited by8 opinions
- Woodsend v. ChatomCalifornia Supreme Court · 1923
- De Wolfe v. KupersOregon Supreme Court · 1923
- Messinger v. Union Warehouse Co.Oregon Supreme Court · 1902
- State ex rel. Gillilian v. Municipal CourtSupreme Court of Minnesota · 1913
- Abernethy v. UhlmanOregon Supreme Court · 1908
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