United States Nat. Bank v. Shehan
Oregon Supreme Court
Prom Malheur: Dalton Biggs, Judge. Iu Banc. This is an action for money had and received. The complaint alleges, substantially, that on September 6, 1910, defendant had and received from one Harry R. Garrett $5,000, which she then and there undertook and agreed to pay to the order of said Garrett one year after date, with 6 per cent interest; that said money was so had and received through defendant’s agent, Charles E. Herron; that on September 6, 1910, Garrett assigned to…
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Prom Malheur: Dalton Biggs, Judge. Iu Banc. This is an action for money had and received. The complaint alleges, substantially, that on September 6, 1910, defendant had and received from one Harry R. Garrett $5,000, which she then and there undertook and agreed to pay to the order of said Garrett one year after date, with 6 per cent interest; that said money was so had and received through defendant’s agent, Charles E. Herron; that on September 6, 1910, Garrett assigned to plaintiff his interest in said money and claim therefor; that plaintiff is now the owner thereof; and that on September…
1Opinion of the CourtMcBRIDE, C. J.
1. If our decision in the case of United States Nat. Bank v. Herron is res adjudicata as to plaintiff’s claim here, then the judgment in the case at bar must be affirmed. We are of the opinion that it is a bar.
For a general statement of the pleadings and facts urged in the case of United States Nat. Bank v. Herron, reference is made to the majority and dissenting opinions therein. To make the matter clear it may be added that the complaint in that case set forth as an exhibit the power of attorney upon which Herron proposed to act in borrowing the money, which power this court held to be…
2Cases cited7 opinions
- Caseday v. LindstromOregon Supreme Court · 1904
- Glenn v. SavageOregon Supreme Court · 1887
- La Follett v. MitchellOregon Supreme Court · 1902
- Barrett v. FailingOregon Supreme Court · 1879
- Wales v. LyonMichigan Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Haney v. Neace-Stark Co.Oregon Supreme Court · 1923
- Sitton v. PeyreeOregon Supreme Court · 1925
- In Re McMillan's EstateNew Mexico Supreme Court · 1934
- Runnells v. LeffelOregon Supreme Court · 1922
- Equitable Life Assur. Soc. v. GillanDistrict Court, D. Nebraska · 1945
5 more not listed; retrieve them via the Exa API.