North Pacific Lumber Co. v. Willamette Mill Co.
Oregon Supreme Court
From Multnomah: Hartwell Hurley, Judge. This is an action to recover the sum of three thousand seven hundred and seventy-two dollars and forty-one cents for lumber alleged to have been sold and delivered by the plaintiff to the defendant between the seventeenth day of November and the thirty-first day of December, eighteen hundred'and ninety-two, as part of the cargo o'f the ship St. Catherine, loaded by William Dunbar, and destined for some point in China.
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From Multnomah: Hartwell Hurley, Judge. This is an action to recover the sum of three thousand seven hundred and seventy-two dollars and forty-one cents for lumber alleged to have been sold and delivered by the plaintiff to the defendant between the seventeenth day of November and the thirty-first day of December, eighteen hundred'and ninety-two, as part of the cargo o'f the ship St. Catherine, loaded by William Dunbar, and destined for some point in China. The defense is that the lumber was sold to Dunbar, and on his account, and not to the defendant. The verdict and judgment were for the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
Upon the trial, the plaintiff called as a witness Mr. E. T. Williams, its secretary, who testified that between the dates named the plaintiff sold and delivered to the defendant and on its account the lumber mentioned in the complaint; that the contract for the sale was made by him in behalf of the plaintiff with Mr. Ordway, the manager of the defendant corporation; and that in pursuance thereof the lumber was delivered on board the St. Catherine. The witness further testified that after the lumber had all been delivered and the invoice made out, he telephoned…
2Cases cited2 opinions
- Lane v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
- Fox v. Adams Express Co.Massachusetts Supreme Judicial Court · 1874
3Cited by9 opinions
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- Goltra v. PenlandOregon Supreme Court · 1904
- Wicktorwitz v. Farmers' InsuranceOregon Supreme Court · 1897
- Ramaswamy v. Hammond Lumber Co.Oregon Supreme Court · 1915
- Pacific States Fire Ins. v. C. Rowan Motor Co.Oregon Supreme Court · 1927
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