Legal Opinion

Fleishman v. Krause, Lindsay & Nahstoll

Oregon Supreme Court

Decided April 4, 1972PublishedCited by 8 opinions

1Opinion of the CourtHowell, J.

The sole issue in this case is whether plaintiff’s lawsuit is in equity or at law. If it is at law, then plaintiff was entitled to a jury trial, and we must reverse.

Plaintiff was a client of the defendants, a law partnership. In her complaint she alleges the following:

“On or about June 9, 1967 defendants received as a trust for plaintiff the sum of $19,868.05, which consisted of the proceeds of the sale of plaintiff’s home.
“On or about August 17, 1967 defendants, in violation of said trust and without permission or instructions from plaintiff, disbursed $2500 of said trust money to one…

2Cases cited3 opinions

  1. Gaines v. MillerSupreme Court of the United States · 1884
  2. Carey v. HaysOregon Supreme Court · 1966
  3. Crow v. StromeOregon Supreme Court · 1958

3Cited by8 opinions

  1. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  2. Spitznass v. First National Bank of OregonOregon Supreme Court · 1974
  3. Grassmueck v. Foster (In Re E Z Feed Cube Co.)United States Bankruptcy Court, D. Oregon · 1990
  4. Clark v. United States National BankCourt of Appeals of Oregon · 1972
  5. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993

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