Cash v. Garrison
Oregon Supreme Court
From Multnomah: William Galloway, Judge. In Banc. Statement by Mr. Justice McBride. This is an action by Emma Cash against E. B. Garrison and others, to recover damages alleged to have been sustained by plaintiff by reason of certain alleged wrongful and fraudulent acts of defendants.
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From Multnomah: William Galloway, Judge. In Banc. Statement by Mr. Justice McBride. This is an action by Emma Cash against E. B. Garrison and others, to recover damages alleged to have been sustained by plaintiff by reason of certain alleged wrongful and fraudulent acts of defendants. The complaint is too lengthy to be inserted here, but the substance of plaintiff’s alleged cause of action may be briefly summarized as follows: At the times mentioned in tbe complaint defendants Joseph Mannix, E. B. Garrison and Bert Bobison were doing business under the names of Portland Bottling Works, Shasta…
1Opinion of the CourtJustice McBride
1, 2. The testimony in this case is very voluminous and the record complex. In the brief of appellants, it is assumed that this is the old common-law action of trover, but this assumption is erroneous. It is an action on the case as nearly as it can be assimilated to any of the common-law forms of action. It sets forth a long series of alleged wrongs and grievances, culminating in the fact that by reason of all these plaintiff has lost her investment and has been deprived of her property. So far as the conversion of the physical .properties is concerned, it has the aspect of trover; so far as…
2Cases cited2 opinions
- Oliver v. PerkinsMichigan Supreme Court · 1892
- Peckham v. HoagMichigan Supreme Court · 1892
3Cited by6 opinions
- Kuhnhausen v. StadelmanOregon Supreme Court · 1944
- Preble v. HannaOregon Supreme Court · 1926
- Carte v. Flury Buick-Jeep, Inc.Oregon Supreme Court · 1973
- Condit v. BoddingOregon Supreme Court · 1934
- Korn v. GreenOregon Supreme Court · 1929
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