Pennoyer v. Willis
Oregon Supreme Court
Appeal from Douglas: Martin L. Pipes, Judge. This action was brought by Sylvester Pennoyer, governor, George W. McBride, secretary cf state, and G. W. Webb, state treasurer, constituting the state board of land commissioners for the sale of school and university lands against Wm.
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Appeal from Douglas: Martin L. Pipes, Judge. This action was brought by Sylvester Pennoyer, governor, George W. McBride, secretary cf state, and G. W. Webb, state treasurer, constituting the state board of land commissioners for the sale of school and university lands against Wm. R. Willis to recover two thousand eight hundred and seventy-three dollars and forty-eight cents damages in consequence of defendant’s negligence in certifying to the title of real property offered as security for a loan from the state school fund. The material facts are as follows: At a meeting of the board of school…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
The contention for the defendant is that the evidence offered and excluded tended to show that Moore was such an agent of the plaintiffs as that his knowledge at the time the loan was made of the existence of the Marks & Company mortgage was notice to the plaintiffs, and, as a consequence, they were not misled by his certificate, but had knowledge through their agent of the existence of the outstanding incumbrance before they parted with the money. *8It must be conceded that, in order to recover in this action, plaintiffs must show, not only that defendant’s…
2Cases cited2 opinions
- Roach v. KarrSupreme Court of Kansas · 1877
- Congar v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1869
3Cited by11 opinions
- Hill v. Carolina Power & Light Co.Supreme Court of South Carolina · 1943
- Hogan v. Aluminum Lock Shingle Corp.Oregon Supreme Court · 1958
- Saratoga Inv. Co. v. KernOregon Supreme Court · 1915
- Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Dight v. ChapmanOregon Supreme Court · 1904
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