Legal Opinion

Lee Tung v. Burkhart

Oregon Supreme Court

Decided June 22, 1911PublishedCited by 41 opinions

From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Bean. This is an action by Lee Tung, Lee Tai Ming, Sun Lee Yick, Lee Quon, Lee Yin Soon, Lee Hang, Kong, Lee Chung, Lee Fun, Lee Suey, Lee Lock, Lee Fow Ming, Lee See, Lee Lung You, Lee Kee, Lee How, Lee Sing Fay, Lee Tim Ming, Lee Yuen Man, Lee Dik, Ah Yick, Lee Sing Young and Lee Art, partners doing business as Hung Sun & Co., against Cornelia Burkhart for the conversion of certain merchandise.

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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Bean. This is an action by Lee Tung, Lee Tai Ming, Sun Lee Yick, Lee Quon, Lee Yin Soon, Lee Hang, Kong, Lee Chung, Lee Fun, Lee Suey, Lee Lock, Lee Fow Ming, Lee See, Lee Lung You, Lee Kee, Lee How, Lee Sing Fay, Lee Tim Ming, Lee Yuen Man, Lee Dik, Ah Yick, Lee Sing Young and Lee Art, partners doing business as Hung Sun & Co., against Cornelia Burkhart for the conversion of certain merchandise. The cause was tried by the lower court without a jury, and, from a judgment in favor of defendant, plaintiffs appeal. The gist of the…

1Opinion of the CourtJustice Bean

Plaintiffs assign error of the court in holding as a conclusion of law that, upon the facts found and stated, the acts of defendant did not constitute a conversion of the goods, and that plaintiffs’ complaint should be dismissed. Before the court made or filed its findings, plaintiffs requested it to find, as part of its conclusions of law, that defendant was guilty of conversion of the goods, and that they were entitled to judgment for the value thereof. The findings of fact made by the trial court stand in the place of the verdict of a jury. Plaintiffs contend that these findings show that…

2Cases cited16 opinions

  1. Swank v. ElwertOregon Supreme Court · 1910
  2. Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
  3. Tinker v. MorrillSupreme Court of Vermont · 1866
  4. Austin v. VanderbiltOregon Supreme Court · 1906
  5. Thweat v. StampsSupreme Court of Alabama · 1880

11 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Mustola v. ToddyOregon Supreme Court · 1969
  2. Wilson v. General Motors Acceptance Corp.Mississippi Supreme Court · 2004
  3. COMMUNITY BANK, ELLISVILLE, MS v. CourtneyMississippi Supreme Court · 2004
  4. First Investors Corp. v. RaynerMississippi Supreme Court · 1999
  5. Schlieff v. BistlineIdaho Supreme Court · 1932

36 more not listed; retrieve them via the Exa API.

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