Shipley v. Hacheney
Oregon Supreme Court
From Multnomah: Alered F. Sears Jr., Judge. This is a mandamus proceeding brought by W. J. Shipley against Frank Hacheney, as Treasurer of the City of Portland, to coerce the payment of eight per cent, per annum upon an interest-bearing warrant of said city, issued January 20, 1898, notwithstanding the reduction of the legal rate of interest to six per cent, by the act of October 14, 1898 (Laws, 1898, Sp.
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From Multnomah: Alered F. Sears Jr., Judge. This is a mandamus proceeding brought by W. J. Shipley against Frank Hacheney, as Treasurer of the City of Portland, to coerce the payment of eight per cent, per annum upon an interest-bearing warrant of said city, issued January 20, 1898, notwithstanding the reduction of the legal rate of interest to six per cent, by the act of October 14, 1898 (Laws, 1898, Sp. Sess. p. 15). The judgment of the court below was for the plaintiff, and the defendant appeals. Ordinance No. 8634 of said city, adopted in December, 1893, provides, among other things, that…
1Opinion of the Court
Me. Chiee Justice Wolveeton,
after stating the facts, delivered the opinion of the court.
It is urged : First, that a city, like a sovereign state or county, which is an agency of the state, is not required to pay interest unless self-imposed ; and, second, that the common council was without power or authority under the charter to pass said ordinance requiring the city to pay interest at the rate of eight per cent, upon indorsed warrants. These propositions are combated by plaintiff, who urges (1) that a city is liable for the payment of interest under general law like an individual; (2) that *305t…
2Cases cited10 opinions
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Seton v. HoytOregon Supreme Court · 1899
- County Commissioners v. County CommissionersCourt of Appeals of Maryland · 1879
- Langdon v. Town of CastletonSupreme Court of Vermont · 1858
- Portland Lumbering & Manufacturing Co. v. City of East PortlandOregon Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Graham v. MerchantOregon Supreme Court · 1903
- Hersey v. NeilsonMontana Supreme Court · 1913
- Board of County Commissioners v. WheelerSupreme Court of Colorado · 1907
- Humphry v. PortlandOregon Supreme Court · 1916
- Board of County Commissioners v. KaulSupreme Court of Kansas · 1908
8 more not listed; retrieve them via the Exa API.