Legal Opinion

Krausse v. Greenfield

Oregon Supreme Court

Decided April 30, 1912PublishedCited by 25 opinions

From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Moore. This is an action by O. E. Krausse and J. R. Krausse, partners as Krausse Bros., against George L. Greenfield and Laura B. Greenfield to recover money.

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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Moore. This is an action by O. E. Krausse and J. R. Krausse, partners as Krausse Bros., against George L. Greenfield and Laura B. Greenfield to recover money. It is stated in the complaint, in effect, that at all the times mentioned therein plaintiffs were partners, as Krausse Bros., and engaged in the wholesale shoe business in Portland; that on October 26, 1909, a contract was entered into whereby plaintiffs stipulated to furnish to defendants, on certain conditions, a reasonable quantity of goods, in order to enable the…

1Opinion of the CourtJustice Moore

It is contended that the facts alleged as a partial defense constituted a valid counterclaim to the cause of action set forth in the complaint, and that in sustaining a demurrer to that part of the answer an error was committed.

1. The statute prescribes what an answer shall contain, and declares that it may include a counterclaim. Section 73, L. O. L.

“The counterclaim mentioned in Section 73 must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: (1) A cause of…

2Cases cited23 opinions

  1. Edgerton v. . PageNew York Court of Appeals · 1859
  2. State v. HammelsyOregon Supreme Court · 1908
  3. Salem v. AnsonOregon Supreme Court · 1902
  4. Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
  5. Hull v. AngusOregon Supreme Court · 1911

18 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Lovett and Lovett v. LovettSupreme Court of Florida · 1927
  2. Rogue River Management Co. v. ShawOregon Supreme Court · 1966
  3. Community Bank v. EllOregon Supreme Court · 1977
  4. Wright v. Schutt Construction Co.Oregon Supreme Court · 1972
  5. McCargar v. WileyOregon Supreme Court · 1924

20 more not listed; retrieve them via the Exa API.

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