Blaser v. Fleck
Oregon Supreme Court
From Tillamook: George R. Bagley, Judge. Department 2. This is an action for the conversion of certain personal property. The cause was tried to the court and a jury and a verdict and judgment rendered in favór of the plaintiffs. Upon the motion of defendants to set aside the same because the evidence was insufficient to support the verdict, the' court set aside the verdict and granted a new trial. From this judgment plaintiffs appeal.
Read the full summary
From Tillamook: George R. Bagley, Judge. Department 2. This is an action for the conversion of certain personal property. The cause was tried to the court and a jury and a verdict and judgment rendered in favór of the plaintiffs. Upon the motion of defendants to set aside the same because the evidence was insufficient to support the verdict, the' court set aside the verdict and granted a new trial. From this judgment plaintiffs appeal. The plaintiffs, by their complaint, allege, in effect, that they are husband and wife; that on a certain date they were the owners of twenty-five tons of hay…
1Opinion of the CourtBean, J.
Plaintiffs contend:
“First, there was evidence before the jury of joint or community ownership by_ the plaintiffs; second,that the evidence before the jury showed that either plaintiff had sufficient interest to maintain an action for the conversion of the property; and, third, in any event, a conversion of the property by the defendants was established at a time when it was in the possession and under the control of the plaintiffs, and that the defendants can never be sued again for -the same conversion, and have not been cut off from any just offset or counterclaim against either or both of…
2Cases cited6 opinions
- Sturgis v. BakerOregon Supreme Court · 1903
- Loewenberg v. RosenthalOregon Supreme Court · 1889
- Triphonoff v. SweeneyOregon Supreme Court · 1913
- Misek v. O'SheaOregon Supreme Court · 1900
- Simon v. TrummerOregon Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nordling v. JohnstonOregon Supreme Court · 1955
- Schleef v. PurdyOregon Supreme Court · 1923
- Pitts v. CraneOregon Supreme Court · 1925
- Lentz v. Oregon Growers Co-Operative Ass'nOregon Supreme Court · 1925
- Title & Trust Co. v. United States FidelIty & Guaranty Co.Oregon Supreme Court · 1934
1 more not listed; retrieve them via the Exa API.