Legal Opinion

American Central Insurance v. Weller

Oregon Supreme Court

Decided February 20, 1923PublishedCited by 21 opinions

From Multnomah: W. N. G-atens, Judge. In Banc. This is an action in which the plaintiff, Insurance Company, having paid to Ashley & Rumelin, Bankers, a loss of $300 resulting from the conversion of a certain automobile, seeks to be subrogated to the rights of Ashley & Rumelin, Bankers, against the defendant E. R. Weller, and to recover from the defendant the loss which it paid. The cause was tried to the court without a jury.

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From Multnomah: W. N. G-atens, Judge. In Banc. This is an action in which the plaintiff, Insurance Company, having paid to Ashley & Rumelin, Bankers, a loss of $300 resulting from the conversion of a certain automobile, seeks to be subrogated to the rights of Ashley & Rumelin, Bankers, against the defendant E. R. Weller, and to recover from the defendant the loss which it paid. The cause was tried to the court without a jury. At the close of plaintiff’s testimony the defendant moved for a “directed verdict and judgment.” ’ The motion was granted, and a judgment entered in favor of defendant,…

1Opinion of the CourtBean, J.

The facts in the ease are substantially as follows: On May 23, 1918, the defendant Weller, *497who is a dealer in automobiles, sold an automobile to one Leon Miller upon a conditional contract of sale executed in the customary form. This contract recited the purchase price at $502.40, admitted payment of $150 at the time of the execution of the contract, and provided for the payment of the balance in monthly installments of $52.40 one month from date and $50 each month thereafter until paid. On May 27, 1918, the defendant sold the contract for cash at a discount to Ashley & Rumelin, Bankers, and…

2Cases cited6 opinions

  1. Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891
  2. Columbia Realty Investment Co. v. Alameda Land Co.Oregon Supreme Court · 1917
  3. Milwaukee Mechanics' Ins. v. RamseyOregon Supreme Court · 1915
  4. O'Connor v. Van HoyOregon Supreme Court · 1896
  5. Union Pac. Life Ins. v. FergusonOregon Supreme Court · 1913

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. American Surety Co. v. Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1943
  2. Maine Bonding & Casualty Co. v. Centennial InsuranceOregon Supreme Court · 1985
  3. Lexington Insurance Co. v. GrayCourt of Appeals of Texas · 1989
  4. United States Fidelity & Guaranty Co. v. Thomlinson-Arkwright Co.Oregon Supreme Court · 1943
  5. United States Fidelity & Guaranty Co. v. First Nat. BankCourt of Appeals for the Fifth Circuit · 1949

16 more not listed; retrieve them via the Exa API.

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