McNeff v. Southern Pac. Co.
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is an action by J. McNeff, T. L. McNeff and J. W. McNeff, partners as McNeff Brothers, against the Southern Pacific Company, a corporation, and J. McGillivray. The plaintiffs seek to recover from the defendants the immediate possession of 53 bales of hops alleged to be of the reasonable value of $2,800. The action was dismissed as to the Southern Pacific Company.
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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is an action by J. McNeff, T. L. McNeff and J. W. McNeff, partners as McNeff Brothers, against the Southern Pacific Company, a corporation, and J. McGillivray. The plaintiffs seek to recover from the defendants the immediate possession of 53 bales of hops alleged to be of the reasonable value of $2,800. The action was dismissed as to the Southern Pacific Company. The defendant J. McGillivray answered admitting that the hops were in his possession in Multnomah County, Oregon, .that the plaintiffs demanded them of…
1Opinion of the CourtJustice Burnett
It is agreed by the parties that the question here is whether the judgment was the proper conclusion to be reached from the findings of fact as reported by the court.
1. The contention of the defendant is that the mortgagee cannot maintain replevin for mortgaged chattels where his damages are unliquidated; that the damages had not been ascertained at the time the action was commenced, and that in order to allow the plaintiffs to recover in this action their damages must have been previously ascertained in some other proceeding. In support of this contention the defendants cite two authorities:…
2Cases cited10 opinions
- Swank v. ElwertOregon Supreme Court · 1910
- Backhaus v. BuellsOregon Supreme Court · 1903
- Lilienthal v. McCormickCourt of Appeals for the Ninth Circuit · 1902
- Reinstein v. RobertsOregon Supreme Court · 1898
- Crane v. DemingSupreme Court of Connecticut · 1829
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3Cited by4 opinions
- Stub v. BelmontCalifornia Supreme Court · 1942
- Cordrey v. SteamshipOregon Supreme Court · 1922
- Gile & Co. v. LasselleOregon Supreme Court · 1918
- Continental Securities Co. v. Yuma National BankArizona Supreme Court · 1918