Austin v. Vanderbilt
Oregon Supreme Court
From Multnomah: Melvin C. George,. Judge. Statement by Mr. Justice Moore. This is an action by Aimee Austin against Oscar Vanderbilt to recover damages for an alleged conversion of personal property.
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From Multnomah: Melvin C. George,. Judge. Statement by Mr. Justice Moore. This is an action by Aimee Austin against Oscar Vanderbilt to recover damages for an alleged conversion of personal property. The complaint states that, October 30, 1903, at Los Angeles, Cal., the plaintiff was the owner and possessed of one pair of 6-carat solitaire earrings, pure white, of the value of-$900, and also of one horseshoe pin, set with 11 diamonds, of tbe value of $385, which sbe then and there delivered to the defendant; that sbe thereafter demanded of bim possession of sneb property, but he refused to…
1Opinion of the CourtJustice Moore
1. It is contended that the complaint should have alleged the substance of the contract, respecting the delivery of the diamonds, and averred wherein it had been violated by the defendant, but not having done so, the pleading assailed failed to state facts sufficient to constitute a cause of action, which defect was not waived by answering over. In Miller v. Hirschberg, 27 Or. 522 (40 Pac. 506), it was held that an allegation of the facts now insisted upon was unnecessary in an action of trover, Mr. Chief Justice Bean saying: “The material averments in an action of this character are…
2Cases cited12 opinions
- Wilson v. . LittleNew York Court of Appeals · 1849
- Waring v. GaskillSupreme Court of Georgia · 1895
- Miller v. HirschbergOregon Supreme Court · 1895
- Hamer v. HathawayCalifornia Supreme Court · 1867
- Douglass v. KraftCalifornia Supreme Court · 1858
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3Cited by18 opinions
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- Rich v. RunyonCourt of Appeals of Oregon · 1981
- Fredenburg v. HornOregon Supreme Court · 1923
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