Legal Opinion

Marquam v. Sengfelder

Oregon Supreme Court

Decided April 4, 1893PublishedCited by 15 opinions

Multnomah County: Geo. H. Burnett, Judge. Defendants appeal. Statement by Moore, J. — This is a suit by P. A. Marquam against Chas. Sengfelder, Wilson Thompson, F. C. Barnes, and others to establish and foreclose a lien on certain personal property for the now payment of rent.

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Multnomah County: Geo. H. Burnett, Judge. Defendants appeal. Statement by Moore, J. — This is a suit by P. A. Marquam against Chas. Sengfelder, Wilson Thompson, F. C. Barnes, and others to establish and foreclose a lien on certain personal property for the now payment of rent. The material facts are as follows: On November 10, 1891, the plaintiff entered into a written contract with the defendant Sengfelder, under their hands and seals, whereby he leased to the latter stores numbered one hundred and twenty-five and one hundred and twenty-seven on Morrison Street, in the Marquam Block,…

1Opinion of the CourtJustice Moore

1. The respondent contends that the clause of the lease above quoted created a lien upon all the personal property on the leased premises, which in equity should be treated as a chattel mortgage. The said clause does not create a chattel mortgage, because the title to the property was not transferred; nor does it create a pledge, because possession thereof was not delivered. It was formerly held in this state that a chattel mortgage created only a lien upon personal property: Chapman v. State, 5 Or. 435; Knowles v. Herbert, 11 Or. 240 (4 Pac. Rep. 126): but in Case Threshing Machine Co. v.…

2Cases cited10 opinions

  1. J. I. Case Threshing Machine Co. v. CampbellOregon Supreme Court · 1887
  2. Fejavary v. BroeschSupreme Court of Iowa · 1879
  3. Holmes v. HallMichigan Supreme Court · 1860
  4. Morrill v. NoyesSupreme Judicial Court of Maine · 1863
  5. Chapman v. State of OregonOregon Supreme Court · 1875

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3Cited by15 opinions

  1. Swank v. ElwertOregon Supreme Court · 1910
  2. Cooper's Mobile Homes, Inc. v. SimmonsWashington Supreme Court · 1980
  3. Mayes v. StephensOregon Supreme Court · 1901
  4. Reinstein v. RobertsOregon Supreme Court · 1898
  5. Fitzsimons v. FreyNebraska Supreme Court · 1950

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