Bradshaw v. Provident Trust Co.
Oregon Supreme Court
-From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Bean. Plaintiff James B. Bradshaw sues to foreclose a mortgage executed on December 22, 1913, in his favor by the Provident Trust Company to secure the payment of its note for the principal sum of $10,000. The note was indorsed by the defendant G. F. Johnson, who was president and manag’er of the corporation at the time.
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-From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Bean. Plaintiff James B. Bradshaw sues to foreclose a mortgage executed on December 22, 1913, in his favor by the Provident Trust Company to secure the payment of its note for the principal sum of $10,000. The note was indorsed by the defendant G. F. Johnson, who was president and manag’er of the corporation at the time. The complaint is in the usual form, but in paragraph 9 thereof it is alleged, in substance, that on June 15, 1914, the mortgagor conveyed its interest in the mortgaged premises to the defendant…
1Opinion of the CourtJustice Bean
1-3. The issues to be tried are: (1) Whether Charles K. Henry, when taking the title from the Provident Trust Company, agreed to assume and pay plaintiff’s mortgage; and (2) whether the covenant was put into the deed by the Provident Trust Company in fraud of Henry’s rights. The parties affected by the contract being in court, it was proper for defendant Henry to plead the facts as a basis for the reformation of the deed: Albany City Savings Inst. v. Burdick, 87 N. Y. 10. If the clause binding Henry, the grantee, to assume and pay the mortgage, was inserted in the deed fraudulently or without…
2Cases cited6 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Barlow v. . ScottNew York Court of Appeals · 1861
- Andrews v. . GillespieNew York Court of Appeals · 1872
- Howard v. TettelbaumOregon Supreme Court · 1912
- Archer v. California Lumber Co.Oregon Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Welch v. JohnsonOregon Supreme Court · 1919
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- McNair v. Public Savings Insurance Co. of North AmericaIndiana Court of Appeals · 1928
- Lloyd v. LoweSupreme Court of Colorado · 1917
6 more not listed; retrieve them via the Exa API.