Meier v. Hess
Oregon Supreme Court
Multnomah County. Loyal B. Stearns, Judge. This is a suit by the partnership of Meier & Frank to determine the conflicting claims of the defendants Hess, Goldsmith & Co., and Sophia Schwab, to a fund in the hands of the plaintiffs, who bring the suit to obtain a judicial determination of the priorities of the respective claimants.
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Multnomah County. Loyal B. Stearns, Judge. This is a suit by the partnership of Meier & Frank to determine the conflicting claims of the defendants Hess, Goldsmith & Co., and Sophia Schwab, to a fund in the hands of the plaintiffs, who bring the suit to obtain a judicial determination of the priorities of the respective claimants. The facts, which are not disputed, are that on March 23, 1891, Schwab & Bros, of New York, having a demand against plaintiffs on account for $1,544, for a valuable consideration sold, assigned, and transferred the same to defendant Sophia Schwab; that in the regular…
1Opinion of the CourtBean, J.
(after stating the facts as above). — The question here presented is as to the priority of right between the assignee of a chose in action, and an attaching creditor whose garnishment is served before notice to the debtor of the assignment. Under our statute its solution depends upon whether a failure to notify the debtor will invalidate the assignment of a chose in action, as against a subsequent bona Jide purchaser from the assignor who first gave notice to the debtor of his purchase. By section 150, Hill’s Code, an attaching creditor is placed in exactly the same position, with reference…
2Cases cited17 opinions
- Spain v. Hamilton's AdministratorSupreme Court of the United States · 1864
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Fairbanks v. . SargentNew York Court of Appeals · 1887
- Rowland v. CraigCourt of Appeals of Kentucky · 1804
- Beckwith v. . the Union Bank of New-YorkNew York Court of Appeals · 1853
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3Cited by18 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Flegel v. KossOregon Supreme Court · 1906
- Schumann v. Bank of California, N. A.Oregon Supreme Court · 1925
- Dimmick v. RosenfeldOregon Supreme Court · 1898
- Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910
13 more not listed; retrieve them via the Exa API.