Avery v. Ladd
Oregon Supreme Court
Appeal from Benton: J. C. Fullerton, Judge. This is an appeal from a judgment substaining objections to and rejecting the several offsets claimed by the appellants against their several debts due the firm of Hamilton, Job & Company.
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Appeal from Benton: J. C. Fullerton, Judge. This is an appeal from a judgment substaining objections to and rejecting the several offsets claimed by the appellants against their several debts due the firm of Hamilton, Job & Company. The cause was tried upon an agreed statement of facts, from which it appears that up to and for some time prior to June tenth, eighteen hundred and ninety-three, B. R. Job and Zephin Job were partners, engaged in the general banking business at Corvallis, Oregon, under the firm name of Hamilton, Job & Company; that on said day they failed to open their bank for…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The record discloses that J. R. Bryson was appointed receiver at about three o’clock in the afternoon of June tenth, eighteen hundred and ninety-three, and that P. Avery received his check, drawn that day upon Hamilton, Job & Company, before that hour, but that he accepted it with knowledge that their bank had suspended payment, and the question is presented as to whether Avery is entitled to offset the said check against his debt. The rule appears to be well settled that an equitable interest in an insolvent debtor’s estate is vested in a receiver by his…
2Cases cited2 opinions
- Jackson v. LaheeIllinois Supreme Court · 1885
- Northampton Bank v. BallietSupreme Court of Pennsylvania · 1844
3Cited by10 opinions
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- Upham v. BramwellOregon Supreme Court · 1922
- Weyerhaeuser Timber Co. v. First National BankOregon Supreme Court · 1934
- Oates v. SmithSupreme Court of Alabama · 1912
- Williams v. JohnsonMontana Supreme Court · 1914
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