Bank of Oregon v. Hiway Products, Inc.

Plaintiff appeals from the trial court’s decision that plaintiff did not have a mortgage on the property in issue. The purported mortgage, a second mortgage on property of defendant Hiway Products, Inc. (Hiway), was given to secure the personal guaranty given by Carl Braman, stockholder in and onetime president of Hiway, for debts of another corporation, Ordeco, Inc. (Ordeco).

Plaintiff’s main contention is that the trial court erred in determining that Mr. Braman lacked authority to execute the mortgage on behalf of Hiway. Plaintiff contends that even if Mr. Braman lacked such authority,…