Fogarty v. Hunter
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. This is a suit by H. B. Fogarty, substituted for R. L. Donald, against Frank T. Hunter, Cornelia H. Hunter, the Empire Life Insurance Company, the Spanton Company, Theodore J. Seufert, Mary Seufert, William A. Healy and Frank S. Healy, in which suit W. R. Crawford and M. D. Haynes intervene as receivers of the Empire Life Insurance Company. Department 1. Statement by Mr. Justice Bean.
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From Multnomah: Henry E. McGinn, Judge. This is a suit by H. B. Fogarty, substituted for R. L. Donald, against Frank T. Hunter, Cornelia H. Hunter, the Empire Life Insurance Company, the Spanton Company, Theodore J. Seufert, Mary Seufert, William A. Healy and Frank S. Healy, in which suit W. R. Crawford and M. D. Haynes intervene as receivers of the Empire Life Insurance Company. Department 1. Statement by Mr. Justice Bean. Plaintiff seeks by his first cause of suit to foreclose as a first lien • a mortgage of $30,000, with interest and attorney’s fees, upon certain real estate described in…
1Opinion of the CourtJustice Bean
It is the contention of plaintiff and Healy that the land was conveyed and the latter’s interest in the Spanton contract was assigned to the insurance company and that the same was accepted in payment of his stock subscription; while it is maintained by the receivers for the insurance company that the real estate was transferred by a deed in trust executed by Joseph M. Healy to Frank T. Hunter, trustee, as security for the payment of the stock.
We will first consider the contract of July 27, 1910. In so far as material to the controversy, its phraseology is as follows:
“Whereas, the party of…
2Cases cited20 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Jerome v. McCarterSupreme Court of the United States · 1877
- Bronson v. La Crosse & Milwaukie RailroadSupreme Court of the United States · 1864
- Title Guarantee Co. v. WrennOregon Supreme Court · 1899
- Gerdine v. MenageSupreme Court of Minnesota · 1889
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- Roth v. Troutdale Land Co.Oregon Supreme Court · 1917
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