Maffet v. Oregon & Cal. Railroad
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. . Statement by Mr. Chief Justice Wolvertqn. ' Action by William K. Mafiiet, Jr., trustee, against the Oregon & California Kailroad Co. to recover sundry sums had and reeeived bty defendant to plaintiff’s use, resulting in a judgment for plaintiff in the sum of $21,619.38, from which this appeal is taken. On December 31, 1889, the defendant as party of the first part, and E. T. McKinney and Wm.
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From Multnomah: Arthur L. Frazer, Judge. . Statement by Mr. Chief Justice Wolvertqn. ' Action by William K. Mafiiet, Jr., trustee, against the Oregon & California Kailroad Co. to recover sundry sums had and reeeived bty defendant to plaintiff’s use, resulting in a judgment for plaintiff in the sum of $21,619.38, from which this appeal is taken. On December 31, 1889, the defendant as party of the first part, and E. T. McKinney and Wm. R. Maffet, Jr., trustees, of the second part, made and entered into a contract whereby the defendant agreed to sell and McKinne.y and Maffet to purchase 5,172.28…
1Opinion of the CourtChief Justice Wolverton
Under the pleadings there are virtually but two contentions: One on the part of the defendant that the complaint does not state facts sufficient to constitute the cause of action preferred— that is, for money had and received, as if the defendant had wrongfully rescinded the contract; and the other, on the part of the plaintiff, that he is entitled to a judgment on the pleadings, because it is urged the answer virtually admits plaintiff’s right of reeoverj1'.
1. The gravamen of the defendant’s contention as to the insufficiency of the complaint, if we fully understand it, is that by the…
2Cases cited28 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Benedict v. LynchNew York Court of Chancery · 1815
- Cleary v. FolgerCalifornia Supreme Court · 1890
- Wilcoxson v. StittCalifornia Supreme Court · 1884
23 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Hall v. WorkOregon Supreme Court · 1960
- Suburban Homes Co. v. NorthMontana Supreme Court · 1914
- Potter Realty Co. v. DerbyOregon Supreme Court · 1915
- Epplett v. Empire Inv. Co.Oregon Supreme Court · 1921
- Gray v. PeltonOregon Supreme Court · 1913
38 more not listed; retrieve them via the Exa API.