Kenney v. Hurlburt
Oregon Supreme Court
Multnomah.: Robert G. Morrow, Judge. Department 2. This is a suit to foreclose a chattel mortgage on the fixtures and stock of goods and merchandise executed by H. J. Pulfer to plaintiff, and to enjoin the sheriff from selling the property on execution, pursuant to a judgment rendered against the Pulfer Mercantile Company, a corporation.
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Multnomah.: Robert G. Morrow, Judge. Department 2. This is a suit to foreclose a chattel mortgage on the fixtures and stock of goods and merchandise executed by H. J. Pulfer to plaintiff, and to enjoin the sheriff from selling the property on execution, pursuant to a judgment rendered against the Pulfer Mercantile Company, a corporation. All the defendants, except R. L. Sabin, in the several capacities in which he appears, defaulted, so that the only issues to be tried are those existing between the plaintiff Kenney and the defendant Sabin. Plaintiff holds a promissory note for $3,500…
1Opinion of the CourtBean, J.
The vital question in the case is as to the ownership of the personal property at.the time of the execution of plaintiff’s chattel mortgage and at the time of the taking possession thereof by Kenney under the terms of such mortgage. Upon this point the rights of the plaintiff and defendant must stand or fall.
In February, 1914, H. J. Puffer entered into the general mercantile business in the town of Gresham, purchasing of Bragg & Duncan, a retiring concern, their stock invoiced at approximately $1,900, and fixtures at about $1,200. In order to buy the property and practi*693cally as one…
2Cases cited39 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- People ex rel. Farrington v. BristolMichigan Supreme Court · 1876
- Borden v. CroakIllinois Supreme Court · 1889
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3Cited by17 opinions
- Edwin C. Eberly and Elsie Eberly, Husband and Wife v. Frank A. Dudley, as Trustee of the Estate of Duvall's, Inc., BankruptCourt of Appeals for the Ninth Circuit · 1962
- Teshner v. RoomeOregon Supreme Court · 1922
- Wiggins Co. v. McMinnville Motor Car Co.Oregon Supreme Court · 1924
- Turner v. DobsonOregon Supreme Court · 1942
- Dudley v. EberlyDistrict Court, D. Oregon · 1962
12 more not listed; retrieve them via the Exa API.