Baker v. Moran
Oregon Supreme Court
From Baker: Gilbert W. Phelps, Judge. En Baue. Statement by Mr. Chiep Justice McBride. This is a suit by William Baker against O. E. Moran and O. E. Moran as administrator with tbe will annexed of tbe estate of Andrew A. Manser, deceased, and Nicholas Manser, Cbristopber Manser,” Peter Manser, Mary E. Rinkey and Mrs. John Kolbe, tbe practical effect of which is to determine the validity of an alleged gift causa mortis, made by one Andrew Manser to plaintiff, of two drafts…
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From Baker: Gilbert W. Phelps, Judge. En Baue. Statement by Mr. Chiep Justice McBride. This is a suit by William Baker against O. E. Moran and O. E. Moran as administrator with tbe will annexed of tbe estate of Andrew A. Manser, deceased, and Nicholas Manser, Cbristopber Manser,” Peter Manser, Mary E. Rinkey and Mrs. John Kolbe, tbe practical effect of which is to determine the validity of an alleged gift causa mortis, made by one Andrew Manser to plaintiff, of two drafts for $2,000 each. The evidence tends to show that Manser was an unmarried man, a miner by occupation, and at the time of…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. At the outset it may be stated that it is clearly established that Manser intended that Baker should be his beneficiary to the extent of the drafts claimed by him. This fact is established by the testimony of the plaintiff and is corroborated by the testimony of McRae, who testifies that Baker showed him the drafts in Manser’s presence and told him that Manser had given them to him, to which statement Manser made no objection. It is true that the witness would not say positively that Manser heard the conversation, but the evidence shows that it took…
2Cases cited7 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Leyson v. DavisMontana Supreme Court · 1895
- Johnson v. ColleySupreme Court of Virginia · 1903
- First National Bank v. McCulloughOregon Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Van Horn v. StockhamSupreme Court of Iowa · 1922
- Lay v. ProctorOregon Supreme Court · 1934
- Miller v. Medford National BankOregon Supreme Court · 1925
- Parr v. Fort Pierce Bank & Trust Co.Supreme Court of Florida · 1930
4 more not listed; retrieve them via the Exa API.