Gong v. Toy
Oregon Supreme Court
From Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice Burnett. Toy brought an action against Gong to recover wages at $75 a month for services during a period of eight months and eighteen days as a farm laborer in raising hops.
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From Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice Burnett. Toy brought an action against Gong to recover wages at $75 a month for services during a period of eight months and eighteen days as a farm laborer in raising hops. Gong, claiming that they were partners in the business, brought this cross-bill in equity alleging in substance that he had a lease from the owner of the hopyard dated February 26, 1915; that after-wards he entered into an agreement of partnership with the defendant whereby Gong was to furnish all the money necessary to cultivate and harvest the crop…
1Opinion of the CourtJustice Burnett
1. The plaintiff and his son testified to a partnership between the present litigants. There were six Americans who gave evidence of various transactions wherein Gong and Toy acted together as partners. These six witnesses also related instances in which Toy said he was a partner with Gong in the operation of the hop-yard. Opposed to this is the denial of Toy together with the statement of two Caucasian witnesses who declared that Gong said Toy was working for him. Gong, however, admits that he had the control of the sale of the hops and that Toy had no authority for that purpose. The rule is…
2Cases cited6 opinions
- McAlpine v. MillenSupreme Court of Minnesota · 1908
- Hanthorn v. QuinnOregon Supreme Court · 1902
- Cogswell v. WilsonOregon Supreme Court · 1884
- Haller v. WillamowiczSupreme Court of Arkansas · 1861
- Morgan v. Child, Cole & Co.Utah Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- First National Bank of Eugene v. WilliamsOregon Supreme Court · 1933
- Tot v. GongOregon Supreme Court · 1918
- Fenton v. State Industrial Accident CommissionOregon Supreme Court · 1953
- United States v. The United States National Bank of Portland (Oregon), of the Estate of Sam J. Wilson, Deceased, and Jessie WilsonCourt of Appeals for the Ninth Circuit · 1956