Legal Opinion

Couch v. Scandinavian-American Bank

Oregon Supreme Court

Decided December 20, 1921PublishedCited by 12 opinions

From Multnomah: Robert Gr. Morrow, Judge. Department 2. The purpose of this suit was to cancel the apparent lien of a chattel mortgage upon the leasehold interest of the Portland Ice Hippodrome in certain'real property of the plaintiff. This appeal is from a decree rendered by the court in favor of Mary H. Conch, plaintiff, and against the defendants, the Scandinavian-American Bank, et al., whereby said mortgage lien was annulled.

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From Multnomah: Robert Gr. Morrow, Judge. Department 2. The purpose of this suit was to cancel the apparent lien of a chattel mortgage upon the leasehold interest of the Portland Ice Hippodrome in certain'real property of the plaintiff. This appeal is from a decree rendered by the court in favor of Mary H. Conch, plaintiff, and against the defendants, the Scandinavian-American Bank, et al., whereby said mortgage lien was annulled. On September 27, 1913, the plaintiff entered into a lease with the Portland Ice Hippodrome, an Oregon corporation, whereby the said real property was let to the…

1Opinion of the CourtBrown, J.

1, 2. The Scandinavian-American Bank, the defendant and cross-complainant, asserts that Mary H. Couch, plaintiff, has estopped herself from making any claim to the building situate upon her land, by taking a position, in the suit of Mary H. Couch v. Portland Ice Hippodrome and the Oregon Surety & Casualty Company, inconsistent with that taken in the present suit. In order to be available as a defense, an estoppel must be pleaded. This court has held that:

“Under the provisions of Section 73, B. & C. Comp. (Section 73, Or. L.), the defendant can only put in evidence under the denials such facts…

2Cases cited29 opinions

  1. Kutter v. SmithSupreme Court of the United States · 1865
  2. Massachusetts National Bank v. ShinnNew York Court of Appeals · 1900
  3. Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
  4. Dunlop v. . JamesNew York Court of Appeals · 1903
  5. Mayhew v. HardestyCourt of Appeals of Maryland · 1855

24 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Third National Bank & Trust Co. v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1945
  2. Title & Trust Co. v. Durkheimer Investment Co.Oregon Supreme Court · 1936
  3. Bell v. SpainOregon Supreme Court · 1924
  4. Mahon v. Harney County Nat. BankOregon Supreme Court · 1922
  5. Glaser v. North'sOregon Supreme Court · 1954

7 more not listed; retrieve them via the Exa API.

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