Zorn v. Livesley
Oregon Supreme Court
From Marion: George H. Burnett, Judge. This.is an action by John Hoefer and Casper Zorn, partners as Hoefer & Zorn, against T. A. Livesley and John J. Roberts, partners as T. A. Livesley & Co., to recover damages for the alleged conversion by the defendants of fifty-two bales of hops.
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From Marion: George H. Burnett, Judge. This.is an action by John Hoefer and Casper Zorn, partners as Hoefer & Zorn, against T. A. Livesley and John J. Roberts, partners as T. A. Livesley & Co., to recover damages for the alleged conversion by the defendants of fifty-two bales of hops. It is averred in the complaint, in substance, that on August 2, 1902, Sing Boo gave plaintiffs a chattel mortgage on all his interest in twenty-three acres of growing hops, to secure the payment of a promissory note of even date therewith for $2,000, with interest at 6 per cent per annum, due ten days from date;…
1Opinion of the CourtJustice Bean
There was no error in sustaining the motion to strike out parts of the defendants’ first separate answer, and in sustaining the demurrer to the third. The motion was directed to an allegation that defendants had no knowledge or notice of plaintiffs’ mortgage at the time they bought the hops, except the constructive notice which the record imputed to them, and a conclusion of law that, by reason of certain facts pleaded, the plaintiffs “waived and *508surrendered their alleged claim of the mortgage lien upon the said hops.”
1. The mortgage was of record, and the record conclusively imputed notice…
2Cases cited5 opinions
- State ex rel. Bussell v. BridgesWashington Supreme Court · 1902
- Kiernan v. KratzOregon Supreme Court · 1902
- Mayes v. StephensOregon Supreme Court · 1901
- S. B. Page & Co. v. SmithOregon Supreme Court · 1886
- Crown Cycle Co. v. BrownOregon Supreme Court · 1901
3Cited by13 opinions
- Goltra v. PenlandOregon Supreme Court · 1904
- Grimes v. BarndollarSupreme Court of Colorado · 1914
- Pioneer Hardware Co. v. FarrinOregon Supreme Court · 1910
- Weatherly v. HochfeldOregon Supreme Court · 1930
- Fones v. MurdockOregon Supreme Court · 1916
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