Legal Opinion

Lewis & Dalin, Inc. v. E. H. Clarke Lumber Co.

Oregon Supreme Court

Decided November 24, 1948PublishedCited by 5 opinions

1Opinion of the Court

LUSK, C. J. †

The question on this appeal is whether an insurance agent who, prior to the appointment of receivers of a corporation, advanced premiums on policies of insurance sold by him to the corporation is entitled to a preference over other unsecured creditors, in the amount of such advances for which he had not been reimbursed by the corporation at the time such receivers were appointed.

On March 20, 1945, the Circuit Court for Linn County appointed Carl D. Diebold and Elery Gr. Fay receivers of E. H. Clarke Lumber Company, a corporation. The receivers were not authorized to carry on the…

2Cases cited11 opinions

  1. Fosdick v. SchallSupreme Court of the United States · 1879
  2. Merriam v. Victory Mining Co.Oregon Supreme Court · 1900
  3. Bailey v. BaileyMichigan Supreme Court · 1933
  4. Manhattan Trust Co. v. Seattle Coal & Iron Co.Washington Supreme Court · 1897
  5. Stacy v. McNicholasOregon Supreme Court · 1914

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3Cited by5 opinions

  1. State, by & Through Healy v. SmitherOregon Supreme Court · 1981
  2. Hilo Crane Service, Inc. v. HoHawaii Intermediate Court of Appeals · 1984
  3. Iowa Department of Human Services v. Community Care, Inc.Supreme Court of Iowa · 2015
  4. Amended June 15, 2015 Iowa Department of Human Services v. Community Care, Inc.Supreme Court of Iowa · 2015
  5. State ex rel. Healy v. SmitherCourt of Appeals of Oregon · 1980

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