Roth v. Troutdale Land Co.
Oregon Supreme Court
From Multnomah : Calvin U. Gantenbein, Judge. Henry Roth and Ulrich Michel, trustees, and Frank H. Brown brought a suit against the Troutdale Land Company, a corporation, Joseph Mossi and others.to foreclose a second mortgage on certain described lands in Multnomah County. From a decree in favor of plaintiffs the named defendants appeal. Department 2. Statement by Mr. Justice Bean.
Read the full summary
From Multnomah : Calvin U. Gantenbein, Judge. Henry Roth and Ulrich Michel, trustees, and Frank H. Brown brought a suit against the Troutdale Land Company, a corporation, Joseph Mossi and others.to foreclose a second mortgage on certain described lands in Multnomah County. From a decree in favor of plaintiffs the named defendants appeal. Department 2. Statement by Mr. Justice Bean. This is a suit to foreclose a second mortgage, dated September 5, 1910, given to secure three notes, one for $8,428.75, due on or before November 1, 1911, one for $8,000 due November 1, 1912, and one for $8,500 due…
1Opinion of the CourtJustice Bean
Defendants, Troutdale Land Company and Joseph Mossi, contest the right of plaintiff Frank H. Brown to a decree for the amount of the first note of $8,428.75, with interest and attorney’s fees, and for $1,116.49, interest on the second and third notes secured by the mortgage, which sums were advanced by Brown to stay an earlier foreclosure of the mortgage. It is the contention of these defendants that this note and amount *506of interest was paid on January 6, 1912, by the Syndicate out of a loan to them by Brown and that the note was thereby extinguished. On the other hand, plaintiff Brown claims…
2Cases cited10 opinions
- Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885
- Katz v. ObenchainOregon Supreme Court · 1906
- Sargent v. HoweIllinois Supreme Court · 1859
- Bamberger v. GeiserOregon Supreme Court · 1893
- Barringer v. LoderOregon Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States Nat. Bank v. HoltonOregon Supreme Court · 1921
- Hicks v. BealsOregon Supreme Court · 1917
- Holt v. Guaranty Loan Co.Oregon Supreme Court · 1931
- West v. WhiteOregon Supreme Court · 1988
- West v. WhiteCourt of Appeals of Oregon · 1988
1 more not listed; retrieve them via the Exa API.