Gregory v. Oregon Fruit Juice Co.
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Action by J. C. Gregory against the Oregon Fruit Juice Company, a corporation, for damages for conversion. From a verdict and judgment in favor of plaintiff, defendant appeals. Reversed with directions. Department 1. Statement by Mb. Justice Mc-Camant. This is an action to recover damages for the conversion of a hydraulic pressing machine and equipment.
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From Marion: Percy R. Kelly, Judge. Action by J. C. Gregory against the Oregon Fruit Juice Company, a corporation, for damages for conversion. From a verdict and judgment in favor of plaintiff, defendant appeals. Reversed with directions. Department 1. Statement by Mb. Justice Mc-Camant. This is an action to recover damages for the conversion of a hydraulic pressing machine and equipment. It appears that plaintiff installed his machine in the defendant’s place of business at Salem for use during the berry season of 1915. The machine was incomplete when installed and plaintiff was unable to…
1Opinion of the CourtJustice McCamant
1. At the conclusion of plaintiff’s testimony the defendant moved for a nonsuit, and error is assigned on the denial of this motion. Plaintiff bases his claim of conversion on the refusal of the defendant to permit him to take the machine to Lebanon. If plaintiff was entitled to the possession of the machine the *202refusal of the defendant to surrender it was a conversion: Budd v. Multnomah Ry. Co., 12 Or. 271, 274 (7 Pac. 99, 53 Am. Rep. 355). In this case the court said:
“The wrong lies in the interference with the owner’s right to do as he will with his own. Whoever does this in any manner…
2Cases cited1 opinion
- Budd v. Multnomah Street Ry. Co.Oregon Supreme Court · 1885
3Cited by5 opinions
- Slayter v. PasleyOregon Supreme Court · 1953
- Reed v. MontgomeryOregon Supreme Court · 1946
- Preble v. HannaOregon Supreme Court · 1926
- Gordan v. BriodyOregon Supreme Court · 1943
- Sabin v. ChrismanOregon Supreme Court · 1918