Gregoire v. Rourke
Oregon Supreme Court
Appeal from Marion: George H. Burnett, Judge. This is an action to recover an alleged balance of an account. The plaintiff alleges that on September eighth, eighteen hundred and ninety-one, E. S. Gregoire and himself were copartners in business under the firm name of E. S. Gregoire and Son, at which time said firm sold and delivered to the defendants a quantity of wheat of the value of two thousand nine hundred and ninety-seven dollars and sixty cents; that the defendants…
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Appeal from Marion: George H. Burnett, Judge. This is an action to recover an alleged balance of an account. The plaintiff alleges that on September eighth, eighteen hundred and ninety-one, E. S. Gregoire and himself were copartners in business under the firm name of E. S. Gregoire and Son, at which time said firm sold and delivered to the defendants a quantity of wheat of the value of two thousand nine hundred and ninety-seven dollars and sixty cents; that the defendants paid on account thereof two thousand eight hundred and twenty-two dollars and sixty cents, leaving a balance of one…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The plaintiff contends that it was unnecessary to allege or prove a valuable consideration for the assignment, and that the want thereof should not bar *277his recovery. There is some conflict of authority upon the question presented, but we think the weight of it is in favor of the legal proposition for which the plaintiff contends, and that the right of recovery depends, not upon what may have been paid for the assignment, but whether the plaintiff is the real party in interest. The courts entertaining views different from this proceed upon the theory that, the…
2Cases cited11 opinions
- Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
- Arthur v. BrooksNew York Supreme Court · 1853
- Dawson v. PogueOregon Supreme Court · 1888
- Richardson v. MeadNew York Supreme Court · 1858
- Salmon v. Olds & KingOregon Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Godvig v. LopezOregon Supreme Court · 1949
- Miami Quarry Co. v. Seaborg Packing Co.Oregon Supreme Court · 1922
- King v. MillerOregon Supreme Court · 1908
- Levins v. StakeOregon Supreme Court · 1910
- Parkersville Drainage District v. WattierOregon Supreme Court · 1906
12 more not listed; retrieve them via the Exa API.