Bremer & Co. v. Fleckenstein & Mayer
Oregon Supreme Court
Appeal from Multnomah. This is an appeal from a decree of tbe circuit court, declaring a chattel mortgage fraudulent and void as to the respondents, J. Bremer & Co., setting aside a decree of foreclosure thereof in the same qpurt, and giving respondents judgment against the appellants for $200, with interest at one per cent, per month from July 7, 1879, and costs.
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Appeal from Multnomah. This is an appeal from a decree of tbe circuit court, declaring a chattel mortgage fraudulent and void as to the respondents, J. Bremer & Co., setting aside a decree of foreclosure thereof in the same qpurt, and giving respondents judgment against the appellants for $200, with interest at one per cent, per month from July 7, 1879, and costs. The mortgage was executed by one J. Haas, to appellants Fleckenstein & Mayer, on June 2,1879, upon a stock of wines, liquors and cigars, some bar-room furniture, and other personal property, to secure a debt of $4,000, which he then…
1Opinion of the Court
By the Court,
Watson, J.:
The first question to be considered arises upon the decision of the court below overruling appellants’ demurrer to the complaint. In addition to the facts contained in the foregoing statement, the complaint alleged an agreement and understanding between Haas and the appellants, at the time the chattel mortgage was executed, substantially as found by the referee. But appellants insist that in the case made by the complaint itself, the respondents had a plain, speedy and adequate remedy at law, and were therefore not entitled to bring a suit in equity. We think it…
2Cases cited3 opinions
- Orton v. OrtonOregon Supreme Court · 1879
- Jacobs Bros. & Co. v. ErvinOregon Supreme Court · 1880
- Wasson v. ConeIllinois Supreme Court · 1877
3Cited by19 opinions
- Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
- Matter of Marriage of NickersonOregon Supreme Court · 1984
- Fisher v. KellyOregon Supreme Court · 1896
- Moore Mfg. Co. v. BillingsOregon Supreme Court · 1905
- Scandinavian-American Bank v. SabinCourt of Appeals for the Ninth Circuit · 1915
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