Currie v. Bowman
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit in equity, brought by W. A. Currie, as receiver of the Durand Organ & Piano Company, against B. H. Bowman, to have certain chattel mortgages, alleged to have been executed by the president and secretary of said company in his favor without lawful authority, adjudged to be fraudulent and void as against the company and its creditors; to compel the defendant to account for and pay over the proceeds of sales of the…
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit in equity, brought by W. A. Currie, as receiver of the Durand Organ & Piano Company, against B. H. Bowman, to have certain chattel mortgages, alleged to have been executed by the president and secretary of said company in his favor without lawful authority, adjudged to be fraudulent and void as against the company and its creditors; to compel the defendant to account for and pay over the proceeds of sales of the mortgaged property to such receiver, and to surrender the residue of such property remaining in his hands unsold,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Lord.
As the plaintiff bases his objections to the findings of law by the court upon the ground that they are not sus*372lained by the evidence, we shall consider his objections in their order. His first objection is, that the evidence is insufficient in law to show such a ratification or acquie-scence in the execution of such mortgages by the president and secretary as would bind the company. The facts show that prior to the second day of December, eighteen hundred and ninety-one, E. Durand, as president of such company, was authorized by resolution of its board of…
2Cases cited2 opinions
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- Luse v. Isthmus Transit Railway Co.Oregon Supreme Court · 1876
3Cited by34 opinions
- London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
- Pettengill v. BlackmanIdaho Supreme Court · 1917
- Jolly v. KyleOregon Supreme Court · 1895
- Kenney v. HurlburtOregon Supreme Court · 1918
- Fleming v. StateCourt of Criminal Appeals of Texas · 1911
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