Leadbetter v. Hawley
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Burnett. This is an action by F. W. Leadbetter against W. P. Hawley.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Burnett. This is an action by F. W. Leadbetter against W. P. Hawley. The substance of the complaint is, that about January 1, 1906, the plaintiff being a stockholder in the Crown-Columbia Pulp & Paper Company and the owner of $50,000 of its bonds delivered them to the defendant, who claimed to be also a stockholder in that company, on the agreement that the defendant should retain the ownership of his stock and vote the same as directed by the plaintiff, or would allow the plaintiff to vote it at all the stockholders’ meetings…
1Opinion of the CourtJustice Burnett
1. Stripped of its redundant verbiage, the complaint sets out a cause of action in replevin in the detinet to recover the bonds in question. Conceding, without deciding, that the contract drescribed in the complaint and the testimony in support thereof was contrary to public policy, the plaintiff’s right to recover depends upon two conditions: First, the action must not be for the enforcement of the illegal agreement, but rather in disaffirmance of it; and, second, the contract must at the commencement of the action be yet in the executory stage. Whether we accept as a postulate the position…
2Cases cited4 opinions
- Doon v. SmithOregon Supreme Court · 1893
- Pacific Livestock Co. v. GentryOregon Supreme Court · 1900
- Bernard v. TaylorOregon Supreme Court · 1893
- Willis v. HooverOregon Supreme Court · 1881
3Cited by13 opinions
- State v. Dalles CityOregon Supreme Court · 1914
- Mogul Transportation Co. v. LarisonOregon Supreme Court · 1947
- National Stone Tile Corp. v. VoorheisCalifornia Court of Appeal · 1928
- Hodler v. HodlerOregon Supreme Court · 1919
- Boyd v. BoydOregon Supreme Court · 1924
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