Fisher v. Kelly
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. Action of damages against a sheriff for seizing and selling a stock of goods on which plaintiffs claimed to have a chattel mortgage. Another case between the same parties over the same questions was dismissed in this court at a previous term: Fisher v. Kelly, 26 Or. 249. After the failure of the first case on a technical point, this case was commenced, and came here on appeal by plaintiff from a judgment for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Moore.
*3This is an action by M. Fisher, Sons & Co. against Penumbra Kelly, sheriff of Multnomah County, to recover the value of and damages for the alleged wrongful conversion of a stock of goods. The plaintiffs allege that on February 4, 1893, by virtue of a chattel mortgage executed to them by one O. C. McLeod, they had a first lien upon, and were entitled to and in the possession of, a stock of woolen and other cloths, of the value of $5,000.00; that on said day the defendant wrongfully took said goods from their possession, and converted the same to his own use, to…
2Cases cited22 opinions
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Thornburgh v. HandCalifornia Supreme Court · 1857
- Barton v. SitlingtonSupreme Court of Missouri · 1895
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3Cited by16 opinions
- DeVall v. DeVallOregon Supreme Court · 1910
- Rutenic v. HamakarOregon Supreme Court · 1902
- Official Comm. Unsecured Creditors of HH Liquidation, LLC v. Comvest Grp. Holdings, LLC (In re HH Liquidation, LLC)United States Bankruptcy Court, D. Delaware · 2018
- Taylor v. BrownOregon Supreme Court · 1907
- Kenney v. HurlburtOregon Supreme Court · 1918
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