U. S. Investment Corp. v. Portland Hospital
Oregon Supreme Court
Suit by the United States Investment Corporation, Limited, and Percy H. Blyth, against the Portland Hospital and others to foreclose a mortgage. There was a decree for plaintiffs, from which W. T. Masters, receiver of the hospital, appeals, claiming precedence for the creditors of the receiver over the mortgage of plaintiff that had been given some years before the receivership began. A motion to dismiss the appeal was overruled, and the decree of the 'trial court upheld.
1Opinion
On ti-ie Merits.
*526I. Upon the broad principle that the receiver holds the property for the benefit of all parties interested; as much for the mortgagee as for other creditors, -and all receiving the benefit, all should bear the burden. It is contended by respondent that the rule giving priority to debts incurred by receivers applies only to railroads. There is only one ease in the supreme court of this state, so far as we have found passing directly upon this question and that is the case of Hembree v. Dawson, 18 Or. 474, which holds exactly the converse of respondents’ contention. That…
Also in this document: Opinion of the Court.
2Cases cited27 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
- Hanna v. State Trust Co.Court of Appeals for the Eighth Circuit · 1895
- Vilas v. . PageNew York Court of Appeals · 1887
- Cake v. MohunSupreme Court of the United States · 1896
22 more not listed; retrieve them via the Exa API.