Baker v. Seaweard
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. statement by Mr. Chief Justice McBride. This is an action by R. E. Baker against E. F. Seaweard, and was previously before this court, and is reported in 63 Or. 350 (127 Pac. 961). The issues involved are sufficiently stated in the opinion then delivered.
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From Malheur: Dalton Biggs, Judge. statement by Mr. Chief Justice McBride. This is an action by R. E. Baker against E. F. Seaweard, and was previously before this court, and is reported in 63 Or. 350 (127 Pac. 961). The issues involved are sufficiently stated in the opinion then delivered. Upon retrial of the case the Circuit Court, among others, gave the following instructions: “In a suit for money had and received, as in this case, it is essential that plaintiff should establish that defendant received money from plaintiff which he was not entitled to under the law and which he should, in…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
Much of the argument presented by tbe defendant’s counsel is upon the proposition as to what constitutes a partnership, and for the purposes of this case the propositions therein advanced may be assumed to be the abstract law. It is sufficient for the purposes of this case to say that, taking plaintiff’s testimony to be true, no partnership existed between himself and Mickey; and that, taking the testimony of Mickey and other witnesses to be true, a partnership existed. It was not a case in which the court could instruct as a matter of law that there was or…
2Cases cited2 opinions
- Morback v. YoungOregon Supreme Court · 1908
- Gettins v. HennesseyOregon Supreme Court · 1912
3Cited by2 opinions
- Wenzel MacHinery Rental & Sales Co. v. AdkinsSupreme Court of Kansas · 1962
- Frazier v. CottrellOregon Supreme Court · 1917