Rothchild Bros. v. Kennedy
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. In Banc. Statement by Mr. Justice Harris. This is an action to recover money for goods, wares and merchandise alleged to have been sold to the defendant. William Cams owned a saloon. He incurred considerable indebtedness/ One of the creditors attached the saloon.
Read the full summary
From Jackson: Frank M. Calkins, Judge. In Banc. Statement by Mr. Justice Harris. This is an action to recover money for goods, wares and merchandise alleged to have been sold to the defendant. William Cams owned a saloon. He incurred considerable indebtedness/ One of the creditors attached the saloon. The attaching creditor was paid and Cams conveyed the saloon to W. M. Kennedy as trustee, and the latter agreed to conduct the business “in the usual way,” and out of the proceeds derived from the business to pay the expense of operating the saloon, to pay the indebtedness already incurred and…
1DissentJustice Moore
delivered the following dissenting opinion.
I cannot concur in the conclusion reached by the majority of the court in this cause. A paragraph of the answer hereinbefore set forth contains a clause which reads:
*577“That the plaintiff * * supplied such goods, liquors, etc., to said defendant as such trustee with the full and complete understanding and with the positive agreement to and with said defendant that the goods and liquors so supplied were to be paid for pro rata, and that the defendant was not bound nor held personally and was only liable as such trustee, and only to the extent of the pro…
2Cases cited33 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Connell v. McLoughlinOregon Supreme Court · 1895
- Harrisburg Lumber Co. v. WashburnOregon Supreme Court · 1896
- Swinnerton v. Argonaut Land & Development Co.California Supreme Court · 1896
28 more not listed; retrieve them via the Exa API.