Legal Opinion

Spalding v. Brown

Oregon Supreme Court

Decided December 11, 1899PublishedCited by 1 opinion

From Multnomah: Loyal B. Stearns, Judge. Bill by A. Gf. Spalding & Brothers, a corporation, against Sherman D. Brown and another. From a decree for defendants, plaintiff appeals.

1Opinion of the CourtChief Justice Wolverton

The complaint in this case is in the nature of a bill of discovery, and proceeds upon the theory that the defendant Brown mortgaged to the defendant Selling a lot of bicycles, two hundred and eighty-five in number; that Selling has disposed of more than sufficient thereof to reimburse him for the money loaned ; and plaintiff’s purpose is to require Selling to account to it (a creditor of Brown) for whatever money or property remains after the satisfaction of his alleged mortgage. Paragraph 20 comprises all the allegations of fraud or intent on the part of Brown and Selling to subvert the…

2Cases cited12 opinions

  1. Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
  2. Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
  3. Henley v. HotalingCalifornia Supreme Court · 1871
  4. Glover v. PaynNew York Supreme Court · 1838
  5. Douglass v. MoodySupreme Court of Alabama · 1885

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3Cited by1 opinion

  1. Zimmerle v. ChildersOregon Supreme Court · 1913

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