Legal Opinion

Brothers v. Bank of British Columbia

Oregon Supreme Court

Decided September 15, 1868PublishedCited by 3 opinions

Appeal from Multnomah County. On the 2d day of July, A. D. 1867, the Bank of British Columbia commenced an action in the Circuit Court of the - State of Oregon, for Multnomah county, against A. I. Bloch and the Oregon City Paper Manufacturing Company, upon a promissory note for $10,000.40, dated Portland, Oregon, March 19th, 1867, executed by said manufacturing company,. and payable to tbe order of A. I. Blocb, and by bim indorsed to tbe Bank of British Columbia.- Tbe…

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Appeal from Multnomah County. On the 2d day of July, A. D. 1867, the Bank of British Columbia commenced an action in the Circuit Court of the - State of Oregon, for Multnomah county, against A. I. Bloch and the Oregon City Paper Manufacturing Company, upon a promissory note for $10,000.40, dated Portland, Oregon, March 19th, 1867, executed by said manufacturing company,. and payable to tbe order of A. I. Blocb, and by bim indorsed to tbe Bank of British Columbia.- Tbe summons was served on A. I. Blocb and A. J. Apperson, secretary of tbe Oregon City Paper Manufacturing Company, on tbe 2d day…

1Opinion of the CourtKelsay, J.

It is assigned as error, in the first instance, that the Circuit Court held that the president of the Oregon City Paper Manufacturing Company, above named, had authority to confess a judgment against the company. We think this objection is not well taken, for the reason that, when an action is against a private corporation, confession of judgment must be made by the person who at the time sustains such a relation to the corporation as would authorize the service of a summons upon him. (Code, page 201, section 248.) The company was a private corporation. (Code, 658.) The service of a summons…

2Cited by3 opinions

  1. Fogg v. EllisNebraska Supreme Court · 1901
  2. In re Wenatchee-Stratford Orchard Co.District Court, W.D. Washington · 1913
  3. Keyser v. ShuteArizona Supreme Court · 1892

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