Wakefield, Fries & Co. v. Parkhurst
Oregon Supreme Court
From Multnomah.: George N. Davis, Judge. Department 1. Statement by Mr. Justice Mc-Camant. This is an interpleader suit brought by Wakefield, Fries & Company, a corporation, to determine the ownership of a fund in its hands. The right of inter-pleader is admitted by the defendants. The controversy is between the appellant, Alfred L. Parkhurst, and the respondents, Chamberlain, Thomas & Kraemer.
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From Multnomah.: George N. Davis, Judge. Department 1. Statement by Mr. Justice Mc-Camant. This is an interpleader suit brought by Wakefield, Fries & Company, a corporation, to determine the ownership of a fund in its hands. The right of inter-pleader is admitted by the defendants. The controversy is between the appellant, Alfred L. Parkhurst, and the respondents, Chamberlain, Thomas & Kraemer. It appears from the record that Parkhurst is the owner of lots 1 and 4 in Block 18 of Couch’s Addition to the City of Portland; that the defendant Moumal was his lessee; that Moumal had sublet the…
1Opinion of the CourtJustice McCamant
1-3. This record raises one controlling question: Did Moumal’s letter of March 19, 1915, operate as an assignment of the rentals to be collected in the future by plaintiff? Did he thereby lose control over the fund to such extent as to nullify his subsequent attempt to divert the fund to payment of a debt which he owed Messrs. Chamberlain, Thomas & Kraemer? It has been repeatedly held by this court that an order drawn on a specific and clearly designated fund may operate as an assignment of such fund: McDaniel v. Maxwell, 21 Or. 202, (27 Pac. 952, 28 Am. St. Rep. 740); Willard v. Bullen, 41…
2Cases cited6 opinions
- McDaniel v. MaxwellOregon Supreme Court · 1891
- Morris v. LeachOregon Supreme Court · 1917
- Willard v. BullenOregon Supreme Court · 1902
- Commercial National Bank v. PortlandOregon Supreme Court · 1900
- Ladd v. HawkesOregon Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- Sticka v. Mellon Bank (DE) Natl. Assoc. (In Re Martin)United States Bankruptcy Court, D. Oregon · 1994
- Scott v. HallOregon Supreme Court · 1945
- Sundstrom v. SundstromWashington Supreme Court · 1942
- Bank of Sheridan v. HeiderOregon Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.