Sheridan v. Pacific States Fire Insurance
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. T. R. Sheridan was the owner in fee of a lot situate in the town of Homestead in Baker County, Oregon, and of a composition frame building thereon and of the fixtures and a stock of merchandise in the building, also other personal property hereinafter mentioned. On August 5, 1921, he insured the same in the defendant company for $3,200, and on September 13th of that year the insured-property was wholly destroyed by fire.
Read the full summary
From Baker: Gustav Anderson, Judge. T. R. Sheridan was the owner in fee of a lot situate in the town of Homestead in Baker County, Oregon, and of a composition frame building thereon and of the fixtures and a stock of merchandise in the building, also other personal property hereinafter mentioned. On August 5, 1921, he insured the same in the defendant company for $3,200, and on September 13th of that year the insured-property was wholly destroyed by fire. During the life of the policy the plaintiff borrowed $225 from one A. P. Carnahan and at the time of procuring said loan executed and…
1Opinion of the CourtMcBRIDE, C. J.
We will consider the principal objections in the order named. It is difficult to characterize the instrument given by the plaintiff to Carnahan as a mortgage upon real estate. It lacks the requisites of witnessing by witnesses and acknowledgment, and would probably be ineffective either at law or in equity. Also, as the statute requires the same formalities for a chattel mortgage, the same objections would apply to that view of the case. It is a crude attempt perhaps, by men ignorant of the law, to create a real estate mortgage. As such it would not be enforceable.
1. It is to be contended by…
2Cases cited10 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Ellis v. KreutzingerSupreme Court of Missouri · 1858
- Bibend v. Liverpool & London Fire & Life InsuranceCalifornia Supreme Court · 1866
- Manchester Fire Assurance Co. v. KoernerIndiana Court of Appeals · 1895
- Insurance Company v. Phœnix InsuranceSupreme Court of Pennsylvania · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Comstock Mfg. Co. v. SchiffmannOregon Supreme Court · 1925
- Jack v. Craighead Rice Milling Co.Court of Appeals for the Eighth Circuit · 1948
- Dunham Et Ux v. TAYLOROregon Supreme Court · 1957
- Clanton v. Oregon Kelp-Ore Products Co.Oregon Supreme Court · 1931
- Haberly v. Farmers' Mutual Fire Relief Ass'nOregon Supreme Court · 1930