Lincoln v. Kolski

Defendant appeals from a judgment for plaintiff for defendant’s conversion of “joint” account funds before the death of plaintiffs decedent. Defendant assigns error to the trial court’s (1) applying ORS 708.661 retroactively to determine rights to the account; (2) granting plaintiffs motion to exclude as irrelevant under ORS 708.661 the matters set forth in defendant’s “Stipulated Facts” document; and (3) concluding that plaintiff had sustained his burden to prove conversion. We reverse and remand.

The case was tried to the court, which did not state its findings of fact. Plaintiff and…