Legal Opinion

McCredie v. McCredie

Oregon Supreme Court

Decided October 21, 1930PublishedCited by 5 opinions

1Opinion of the CourtKelly, J.

Appellant urges that the court was without equitable jurisdiction; that there was a defect of parties plaintiff in that Walter H. McCredie should have been made co-plaintiff; that the subject-matter of the suit comprises funds of a partnership, and that this suit cannot be maintained until an accounting has been liad; that no assignment, transfer nor gift to plaintiff of the bonds in question has been proven; and that the relief granted was not the relief prayed for.

We are of the opinion that the complaint alleges facts disclosing a breach of an implied or constructive trust.

In speaking of…

2Cases cited4 opinions

  1. Wilson v. WilsonOregon Supreme Court · 1894
  2. McDonald v. HolmesOregon Supreme Court · 1892
  3. Brown v. City of AnacortesWashington Supreme Court · 1914
  4. Taylor v. TaylorOregon Supreme Court · 1914

3Cited by5 opinions

  1. Kelly v. TracyOregon Supreme Court · 1956
  2. Monese v. StruveOregon Supreme Court · 1936
  3. Livesley v. Pioneer Trust Co.Oregon Supreme Court · 1943
  4. Whisnant v. WhisnantCourt of Appeals of Oregon · 1996
  5. Estate of Cummins v. CommissionerUnited States Tax Court · 1993

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