Legal Opinion

Superior Oil Syndicate v. Handley

Oregon Supreme Court

Decided February 1, 1921PublishedCited by 14 opinions

Original proceeding in Supreme Court in mandamus. In Banc. This is an original proceeding in mandamus to require defendant, T. B. Handley, as corporation commissioner of the State of Oregon, to act upon the application of plaintiff, the Superior Oil & Befining Syndicate, organized under the laws of the State of Texas, for a permit to sell in this state what plaintiff denominates capital shares, or certificates, in a common-law business syndicate organized for the purpose of…

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Original proceeding in Supreme Court in mandamus. In Banc. This is an original proceeding in mandamus to require defendant, T. B. Handley, as corporation commissioner of the State of Oregon, to act upon the application of plaintiff, the Superior Oil & Befining Syndicate, organized under the laws of the State of Texas, for a permit to sell in this state what plaintiff denominates capital shares, or certificates, in a common-law business syndicate organized for the purpose of making brick and refining crude petroleum and disposing of the products. The corporation commissioner declined to act…

1Opinion of the CourtBean, J.

1. It is the position of counsel for plaintiff that the syndicate offers to sell its own paper to finance itself, and comes within the purview of the “blue sky law” of this state, to wit, Title XXXIX, Chapter II, Or. L., and therefore under the supervision of the corporation commissioner, and that it is neither a bank nor a trust company within the meaning of our statute.

Section 6838, Or. L., defines a dealer in stocks, bonds, notes, etc. It provides in part as follows:

“The word ‘dealer’ within the meaning of this act shall include every person, partnership, corporation, *153or association which…

2Cases cited11 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Lake County v. RollinsSupreme Court of the United States · 1889
  3. Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
  4. Northern Counties Trust v. SearsOregon Supreme Court · 1895
  5. Wiley v. . Solvay Process Co.New York Court of Appeals · 1915

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Jardine v. Superior CourtCalifornia Supreme Court · 1931
  2. State Ex Rel. Nilsen v. Oregon State Motor Ass'nOregon Supreme Court · 1967
  3. Reilly v. ClyneArizona Supreme Court · 1925
  4. State v. ParkerOregon Supreme Court · 1985
  5. Hemphill v. OrloffMichigan Supreme Court · 1927

9 more not listed; retrieve them via the Exa API.

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