Cullison v. Downing
Oregon Supreme Court
From Multnomah: At,feed F. Sears, Jr., Judge. ' This is an action by J. E. Cullison to recover money. It is alleged in the complaint that the defendants, F. O: Downing and F. H. Hopkins, are partners, and during the time stated were engaged as such in the grain and stock brokerage business ; that from March 25, 1896, to April 24, 1897, plaintiff, at their request, performed service for them, for which they agreed to pay him $60 a month and 10 per cent of the gross earnings…
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From Multnomah: At,feed F. Sears, Jr., Judge. ' This is an action by J. E. Cullison to recover money. It is alleged in the complaint that the defendants, F. O: Downing and F. H. Hopkins, are partners, and during the time stated were engaged as such in the grain and stock brokerage business ; that from March 25, 1896, to April 24, 1897, plaintiff, at their request, performed service for them, for which they agreed to pay him $60 a month and 10 per cent of the gross earnings of their business, which, during the time, were $105,-000; that his share thereof, and the wages agreed upon amount to…
1Opinion of the Court
Mr. Cheek Justice Moore,
after stating the facts, delivered the opinion of the court.
It is contended by defendant’s counsel that the testimony introduced by plaintiff shows that the gross earnings, a share of which he seeks to recover, were secured in contravention of public policy, of which fact he, at all the times mentioned, had knowledge, and, this being so, the court erred in not dismissing the action. The bill of exceptions discloses that on March 25, 1896, the defendants formed at Portland, Oregon, a partnership for the ostensible purpose of purchasing and selling on commission for…
2Cases cited5 opinions
- Doon v. SmithOregon Supreme Court · 1893
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Buchtel v. EvansOregon Supreme Court · 1891
- Pacific Livestock Co. v. GentryOregon Supreme Court · 1900
- Miller v. HirschbergOregon Supreme Court · 1895
3Cited by7 opinions
- Meek v. WilsonMichigan Supreme Court · 1938
- Jackson v. BakerOregon Supreme Court · 1906
- Swank v. MoisanOregon Supreme Court · 1917
- Joslyn v. DowningCourt of Appeals for the Ninth Circuit · 1906
- Giddings v. GiddingsOregon Supreme Court · 1941
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