Kirk v. Farmers' Union Grain Agency
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Banc. • This is an action for damages, based upon charges of fraud and deceit and violation of the Blue Sky Law. The complaint alleges that defendant sold to Charles Kirk certificate numbered 420, representing 3,000 shares of the capital stock of the defendant corporation, for the sum of $3,000, paid by plaintiff to the defendant corporation.
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From Umatilla: Gilbert W. Phelps, Judge. In Banc. • This is an action for damages, based upon charges of fraud and deceit and violation of the Blue Sky Law. The complaint alleges that defendant sold to Charles Kirk certificate numbered 420, representing 3,000 shares of the capital stock of the defendant corporation, for the sum of $3,000, paid by plaintiff to the defendant corporation. It is asserted that the transaction involved the sale of void stock, in that the shares of stock so sold represented an overissue of the capital stock of the corporation. The date of sale averred by the…
1Opinion of the Court
BEGWN, J:
— This appeal presents the legal questions determined in the case of Cannon v. Farmers’ Union Grain Agency et al., decided this day. The complaints are identical, except in the number of the stock certificate, the number of shares purchased, and the amount paid therefor (see pp. 2 and 3, Abst.) It was stipulated and agreed by and between the plaintiff and defendant, through their respective attorneys :
“That all the exhibits and testimony, together with all objections made and exceptions allowed, given in the case of Eoy Cannon, plaintiff, against the Farmers’ Union Grain Agency et…
2Cases cited2 opinions
- United States v. LacherSupreme Court of the United States · 1890
- Sarlls v. United StatesSupreme Court of the United States · 1894
3Cited by8 opinions
- Hillman v. Northern Wasco County PUDOregon Supreme Court · 1958
- State of Oregon v. BrantleyOregon Supreme Court · 1954
- Salem Mfg. Co. v. First American Fire Ins.Court of Appeals for the Ninth Circuit · 1940
- State of Oregon v. MooreOregon Supreme Court · 1951
- State v. SimonsOregon Supreme Court · 1951
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