Legal Opinion

Berki v. Reynolds Securities, Inc.

Oregon Supreme Court

Decided February 25, 1977No. 413-354, SC 24453PublishedCited by 12 opinions

1Opinion of the Court

MENGLER, J., Pro Tempore.

This is an appeal from a judgment of involuntary nonsuit.

The complaint was in three counts: (1) common law fraud, (2) violation of the Oregon Securities Law, and (3) breach of a fiduciary obligation.

At the close of the plaintiff’s case in chief, the court allowed defendants’ motions for involuntary nonsuit.

A party appealing from an order of involuntary nonsuit is entitled to have the evidence viewed in a manner most favorable to him. In reviewing the sufficiency of the evidence, this court is required to assume the truth of the evidence offered and to give the…

2Cases cited2 opinions

  1. Pacific Trading Co. v. Sun Insurance Office, Ltd.Oregon Supreme Court · 1932
  2. Howard v. SloanOregon Supreme Court · 1972

3Cited by12 opinions

  1. Paine, Webber, Jackson & Curtis, Inc. v. AdamsSupreme Court of Colorado · 1986
  2. Kenneth A. Carr v. Cigna Securities, Inc., and Cigna Individual Financial Services Co.Court of Appeals for the Seventh Circuit · 1996
  3. Roberson v. PaineWebber, Inc.Court of Civil Appeals of Oklahoma · 1999
  4. Wallace v. Hinkle Northwest, Inc.Court of Appeals of Oregon · 1986
  5. Boyer v. Salomon Smith BarneyOregon Supreme Court · 2008

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