Schwartz v. Gerhardt
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This is a suit by Louisa Schwartz and her unmarried sister, Anna Gerhardt, against their father, Martin Gerhardt and his present wife, to declare a constructive trust in certain specific realty, and for an accounting of sundry funds. The plaintiffs, Louisa Schwartz and Anna Gerhardt, are the children of the defendant Martin Gerhardt, and the stepdaughters of Frieda Gerhardt, his wife.
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From Multnomah: Alfred F. Sears, Jr., Judge. This is a suit by Louisa Schwartz and her unmarried sister, Anna Gerhardt, against their father, Martin Gerhardt and his present wife, to declare a constructive trust in certain specific realty, and for an accounting of sundry funds. The plaintiffs, Louisa Schwartz and Anna Gerhardt, are the children of the defendant Martin Gerhardt, and the stepdaughters of Frieda Gerhardt, his wife. They inherited in Germany, from Peter Hahn and Susanna Hahn, their grandparents on their mother’s side, $1,725.12, which, it is alleged, came into the possession of…
1Opinion of the CourtJustice Wolverton
1. The defendants, at the threshold of the controversy, challenge the jui’isdictiou of the court to require an accounting, or to control in any manner Gerhardt’s disposition of the funds, which it is insisted that he holds as the father and natural guardian of plaintiffs, and is accountable only to the court in Germany that gave him the property for administration during the minority of the plaintiffs. Is is undoubtedly a well-established principle of law that a trustee appointed by a foreign court is amenable only to that court, and the fact that his residence is in another jurisdiction will…
2Cases cited14 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Peale v. PhippsSupreme Court of the United States · 1853
- Jolly v. KyleOregon Supreme Court · 1895
- Mendenhall v. ElwertOregon Supreme Court · 1900
- Barger v. BargerOregon Supreme Court · 1897
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3Cited by14 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Elliott v. MosgroveOregon Supreme Court · 1939
- Columbia Digger Co. v. RectorDistrict Court, W.D. Washington · 1914
- Marquam v. RossOregon Supreme Court · 1905
- Hughes v. HelzerOregon Supreme Court · 1947
9 more not listed; retrieve them via the Exa API.