Legal Opinion

Schreyer v. Turner Flouring Co.

Oregon Supreme Court

Decided February 17, 1896PublishedCited by 33 opinions

Appeal from Marion: Geo. H. Burnett, Judge. This is an action by O. J. Schreyer to recover money loaned to the Turner Flouring Mills Company, and the case is here on its appeal.

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Appeal from Marion: Geo. H. Burnett, Judge. This is an action by O. J. Schreyer to recover money loaned to the Turner Flouring Mills Company, and the case is here on its appeal. It appears from the complaint that the defendant is a corporation; that its articles of incorporation were executed on the eighth, and filed in the office of the secretary of state on the eleventh day of April, eighteen hundred and ninety-three, and that it was on the said eighth day of April, ever since has been, and now is, a corporation, doing business at Turner, Marion County, State of Oregon, in its corporate…

1Opinion of the Court

Opinion by

Mr. Justice Wolverton.

1. It may be premised that this is not an action upon the note executed as evidence of the indebtedness, but, disregarding the note, plaintiff sued for the money loaned to and received by the defendant and in this he is supported by settled law. Black v. Sippy, 15 Or. 574, (16 Pac. 418,) is a case wherein it appeared that goods were sold, delivered, and charged to the husband, who, upon a statement of account, executed and delivered his note for the amount found due, which was assigned to plaintiff, who sued the wife upon the account for family supplies, and…

2Cases cited11 opinions

  1. Whitney v. WymanSupreme Court of the United States · 1880
  2. Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
  3. Battelle v. Northwestern Cement & Concrete Pavement Co.Supreme Court of Minnesota · 1887
  4. Connell v. McLoughlinOregon Supreme Court · 1895
  5. McArthur v. Times Printing Co.Supreme Court of Minnesota · 1892

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

3Cited by33 opinions

  1. Goldwater v. OltmanCalifornia Supreme Court · 1930
  2. Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
  3. Phillips v. Colfax Company, Inc.Oregon Supreme Court · 1952
  4. Stringham v. Mutual Ins.Oregon Supreme Court · 1904
  5. Capps v. HensleySupreme Court of Oklahoma · 1909

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

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