Weber Showcase & Fixture Co. v. Waugh
District Court, W.D. Washington
*516 Plaintiff seeks to recover the value of store fixtures alleged to be wrongfully converted by the defendant. A trial by jury was waived. ' The plaintiff sold to R. A. Pilcher Company, Inc., owner and operator of stores in Everett, Tacoma, Aberdeen, Monroe, and elsewhere in the state of Washington, and *517 also various places in Oregon and California, for the Tacoma store August 28, 1925, and for Aberdeen, Everett, and Monroe stores, December 23 of the same year, all of…
Read the full summary
*516 Plaintiff seeks to recover the value of store fixtures alleged to be wrongfully converted by the defendant. A trial by jury was waived. ' The plaintiff sold to R. A. Pilcher Company, Inc., owner and operator of stores in Everett, Tacoma, Aberdeen, Monroe, and elsewhere in the state of Washington, and *517 also various places in Oregon and California, for the Tacoma store August 28, 1925, and for Aberdeen, Everett, and Monroe stores, December 23 of the same year, all of the fixtures in issue. The Tacoma fixtures were all paid for, excepting $1,068.25. The fixtures were shipped by the…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above).
The plaintiff claims:
A. That the order of the District Court for the Northern District of California adjudging that the plaintiff retain title to the fixtures and have the right of possession, and defendant having refused to comply with the order of the court, the terms of the conditional sales contract are enforceable, sueh order not being reversed or annulled, is binding on the defendant (34 C. J. 511), and which he may not collaterally attack (34 C. J. 514). The court had neither jurisdiction of the parties in interest or the subject-matter, the fixtures…
2Cases cited71 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Booth v. ClarkSupreme Court of the United States · 1855
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- Great Western Mining & Manufacturing Co. v. HarrisSupreme Court of the United States · 1905
66 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boeing Airplane Co. v. Aeronautical Industrial Dist. Lodge No. 751District Court, W.D. Washington · 1950
- United States v. BinkDistrict Court, D. Oregon · 1947
- Memphis Bank & Trust Co. v. WestMissouri Court of Appeals · 1953
- FIRST NAT. BANK IN ALBUQUERQUE v. RobinsonCourt of Appeals for the Tenth Circuit · 1939
- Bradford v. MoenchDistrict Court, D. Utah · 1992
3 more not listed; retrieve them via the Exa API.