O'Neil v. City of Portland
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Bean. This is an action by J. R. O’Neil against the City of Portland to recover damages, alleged to have been sustained by reason of the nonpayment of certain warrants issued by defendant city to the United States National Bank, or order, pursuant to plaintiff’s direction, upon a special fund to be raised by the levy and collection of assessment upon the real property affected by the improvement of Goldsmith…
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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Bean. This is an action by J. R. O’Neil against the City of Portland to recover damages, alleged to have been sustained by reason of the nonpayment of certain warrants issued by defendant city to the United States National Bank, or order, pursuant to plaintiff’s direction, upon a special fund to be raised by the levy and collection of assessment upon the real property affected by the improvement of Goldsmith Street, from Albina Avenue to Russell Street. The contract, dated February 10, 1904, under which it is alleged the work…
1Opinion of the CourtJustice Bean
1. The only question presented in this case is the ruling of the circuit court upon the demurrer. The contention of plaintiff is that the city, for nearly five years, has failed to comply with the essential requirements of its charter; has not exercised due diligence in the matter, and has negligently failed to provide the special fund for the payment of plaintiff’s warrants; that there has been in this respect an unreasonable delay on the part of defendant, and that it is responsible in damages. Counsel for defendant, in upholding the contention that plaintiff’s amended complaint does not…
2Cases cited5 opinions
- Little v. City of PortlandOregon Supreme Court · 1894
- North Pacific Lumbering & Manufacturing Co. v. East PortlandOregon Supreme Court · 1886
- Commercial National Bank v. City of PortlandOregon Supreme Court · 1893
- Jones v. City of PortlandOregon Supreme Court · 1899
- Portland Lumbering & Manufacturing Co. v. City of East PortlandOregon Supreme Court · 1889
3Cited by14 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1942
- Town of Capitol Heights v. SteinerSupreme Court of Alabama · 1924
- Morris v. City of SheridanOregon Supreme Court · 1917
- Terwilliger Land Co. v. City of PortlandOregon Supreme Court · 1912
- Dennis v. City of McMinnvilleOregon Supreme Court · 1928
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