Abernethy v. Uhlman
Oregon Supreme Court
From Yamhill: William Galloway, Judge. This is a suit by Charles H. Abernethy by a cross-bill to an action against S. and F. Uhlman, as to the right to possession of 55 bales of hops. From a decree directing that the proceeds of a portion of the crop belonging to one Go Sun be applied pro rata on the claims of plaintiff and defendant, both parties appeal. Statement by Mr. Justice Eakin.
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From Yamhill: William Galloway, Judge. This is a suit by Charles H. Abernethy by a cross-bill to an action against S. and F. Uhlman, as to the right to possession of 55 bales of hops. From a decree directing that the proceeds of a portion of the crop belonging to one Go Sun be applied pro rata on the claims of plaintiff and defendant, both parties appeal. Statement by Mr. Justice Eakin. This is a suit commenced by cross-bill to an action pending as to the right to possession of 55 bales of hops, the conflict growing out of the following facts: The plaintiffs leased to defendant, Go Sun, a…
1Opinion of the CourtJustice Eakin
1. The question involved is whether plaintiffs’ claim for such advances is superior to defendants’ mortgage. Charles Abernethy testifies that Gilbertson, who was the agent for the defendants, S. and F. Uhlman, throughout this transaction, s'ent for him to come over to the El*363driedge yard on September 6, and while there Gilbert-son gave him instructions to go ahead and gather the hops. He asked Gilbertson about picking money, and the latter. said he would be on hand to pay the pickers when the work was finished. This is corroborated by Go Sun, who was present, and by Mrs. Eldriedge, who had a…
2Cases cited9 opinions
- Caldwell v. HallSupreme Court of Arkansas · 1887
- Hughes v. JohnsonSupreme Court of Arkansas · 1881
- Coleman v. Galbreath, Stewart & Co.Mississippi Supreme Court · 1876
- Messinger v. Union Warehouse Co.Oregon Supreme Court · 1902
- Sunol v. MolloyCalifornia Supreme Court · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fuhrman v. Interior Warehouse Co.Washington Supreme Court · 1911
- Woodsend v. ChatomCalifornia Supreme Court · 1923
- De Wolfe v. KupersOregon Supreme Court · 1923
- Balla v. IrelandOregon Supreme Court · 1948
- Halsey v. SimmonsOregon Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.