Brown v. Farmers' Supply Co.
Oregon Supreme Court
Polk County: Reuben P. Boise, Judge. This is a suit by Jacob Brown and another against the Farmers’ Supply Depot Company and one J. L. Hartman, to foreclose a mortgage.
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Polk County: Reuben P. Boise, Judge. This is a suit by Jacob Brown and another against the Farmers’ Supply Depot Company and one J. L. Hartman, to foreclose a mortgage. The complaint, in substance, alleges that the Farmers’ Supply Depot Company is a corporation, organized and existing under the laws of Oregon, and on the thirty-first day of December, 1888, it made, executed, and delivered to the plaintiffs’ assignor its promissory note for $1,500, due one year after date; the formal parts of which, as set out in the complaint, are: “We, the Farmers’ Supply Depot Company, promise to pay,”…
1Opinion of the CourtBean, J.
The evidence in this case is directed entirely to proving, or attempting to prove, the existence of the Farmers’ Supply Depot Company as a corporation defacto; but, as we are of the opinion that the instrument sued on and introduced in evidence is not the mortgage of a corporation, nor, under the allegations of the complaint or facts disclosed by the evidence, can it be treated or enforced as an agreement for a mortgage, we shall pass— and without deciding — the question as to the corporate capacity of the Farmers’ Supply Depot Company.
It is essential to the proper execution of a deed or…
2Cases cited4 opinions
- Love v. Sierra Nevada Lake Water & Mining Co.California Supreme Court · 1867
- Luse v. Isthmus Transit Railway Co.Oregon Supreme Court · 1876
- Eagle Woolen Mills Co. v. MonteithOregon Supreme Court · 1868
- In re St. Helen Mill Co.U.S. Circuit Court for the District of Oregon · 1875
3Cited by1 opinion
- Johns, Et Ux. v. GillianSupreme Court of Florida · 1938