Bross v. McNicholas
Oregon Supreme Court
From Multnomah: "William; N. Gatens, Judge. Statement by Me. Justice McNaey. This action, by Albert Bross, is brought upon a surety bond given to the plaintiff by the defendant Jas. H. McNicholas, doing business under the firm name and style of the National Brick & Clay Company, as principal, and the Pacific Surety Company, a corporation, as surety. On the 8th day of February, 1911, the defendant, Jas.
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From Multnomah: "William; N. Gatens, Judge. Statement by Me. Justice McNaey. This action, by Albert Bross, is brought upon a surety bond given to the plaintiff by the defendant Jas. H. McNicholas, doing business under the firm name and style of the National Brick & Clay Company, as principal, and the Pacific Surety Company, a corporation, as surety. On the 8th day of February, 1911, the defendant, Jas. H. McNicholas entered into a contract with plaintiff, whereby McNicholas agreed to sell and deliver to plaintiff, at such points in Portland, Oregon, as plaintiff might designate from time to…
1Opinion of the CourtJustice McNary
The initial error assigned and relied upon by counsel for the defendant, the Pacific Surety Company, is founded upon the refusal of the court to instruct the jury that, “upon the undisputed facts in evidence in this case, you are directed to return a verdict for the defendant the Pacific Surety Company.”
Fully to appreciate the ruling of the court, we deem important' a résumé of the testimony, as this assignment of error gives rise to the most vital phase of the case. Prior to March 30, 1911, the defendant McNicholas, doing business as the National Brick & Clay Company, was the owner of…
2Cases cited10 opinions
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
- Atlantic Trust & Deposit Co. v. Town of LaurinburgCourt of Appeals for the Fourth Circuit · 1908
- Bacigalupi v. Phoenix Building & Construction Co.California Court of Appeal · 1910
- Merchants Insurance v. HerberSupreme Court of Minnesota · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Columbia Digger Co. v. SparksCourt of Appeals for the Ninth Circuit · 1915
- Alexander Lumber Co. v. Ætna Accident & Liability Co.Illinois Supreme Court · 1921
- Fitzgerald v. NealOregon Supreme Court · 1924
- Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
21 more not listed; retrieve them via the Exa API.