Koehler v. Dennison
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. In Banc. Statement by Mr. Justice Moore. This is a suit by A. E. Koehler against E. Dennison and J. I. Hull to cancel a bill of sale of personal property and to recover the sum of money paid therefor.
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From Multnomah: Henry E. McGinn, Judge. In Banc. Statement by Mr. Justice Moore. This is a suit by A. E. Koehler against E. Dennison and J. I. Hull to cancel a bill of sale of personal property and to recover the sum of money paid therefor. The complaint charges, in effect, that the defendants, having previously learned that the plaintiff had on hand money exceeding $1,025, conspired to cheat and defraud him out of that sum; that on February 17, 1913, the plaintiff was ill, and in consequence thereof was weak in body and mind, at which time the defendants overpersuaded him to deliver to…
1Opinion of the CourtJustice Moore
It is contended that errors were committed in denying the motion and in overruling the demurrer. The averments of the complaint as hereinbefore given are *366not arranged in the same order as. originally set forth, but it is believed that the allegations of the pleading thus assailed are substantially stated, and that the facts narrated -are not so vague or uncertain that the meaning thereof could not have been readily comprehended, or that any parts of the complaint should have been stricken out.
1. For a redress of his grievance the plaintiff had a concurrent remedy at law and in equity. In an…
2Cases cited4 opinions
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Benson v. KellerOregon Supreme Court · 1900
- Shute v. JohnsonOregon Supreme Court · 1893
- Mael v. StutsmanOregon Supreme Court · 1911
3Cited by12 opinions
- Lanners v. WhitneyOregon Supreme Court · 1967
- Ward v. JensonOregon Supreme Court · 1918
- Burgess v. Charles A. Wing Agency, Inc.Oregon Supreme Court · 1932
- Bell v. SpainOregon Supreme Court · 1924
- Kruse v. BushOregon Supreme Court · 1917
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