Quinn v. Gross
Oregon Supreme Court
Multnomah County: E. D. Shattuck, Judge, This is an action brought by Mary Quinn against the Right Reverend Archbishop Gross, as executor of the last will of Terence Quinn, deceased, to establish a claim of seven thousand dollars against his estate, The record discloses that the plaintiff is the daughter of Terence Quinn and Mary Quinn, his wife; that on March 7,1854, Mary died intestate, leaving plaintiff her sole surviving heir; that at the time of her death she was seized…
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Multnomah County: E. D. Shattuck, Judge, This is an action brought by Mary Quinn against the Right Reverend Archbishop Gross, as executor of the last will of Terence Quinn, deceased, to establish a claim of seven thousand dollars against his estate, The record discloses that the plaintiff is the daughter of Terence Quinn and Mary Quinn, his wife; that on March 7,1854, Mary died intestate, leaving plaintiff her sole surviving heir; that at the time of her death she was seized of certain real property in the City of Portland, which plaintiff inherited; that plaintiff’s father kept her at school…
1Opinion of the CourtJustice Moore
The appellant contends that the motion for a nonsuit should have been allowed, because, first, no case was made to prevent the statute from running; and, second, there was no competent evidence to establish plaintiff's claim.
1. It is a well-established principle of law that a cause of action against an agent does not accrue until demand is made: Buswell, Limitations, § 323. In Taylor v. Bates, 6 Cow. 376, it was held that an attorney was not liable to an action for money collected for another, till demand made, or directions to remit, and that he was not in default till he received orders…
2Cases cited3 opinions
- State ex rel. Buskirk v. SimsIndiana Supreme Court · 1881
- Gould v. JamesNew York Supreme Court · 1826
- Leake v. SutherlandSupreme Court of Arkansas · 1868
3Cited by9 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Goltra v. PenlandOregon Supreme Court · 1904
- Oregon v. DavisOregon Supreme Court · 1903
- Pruitt v. MuldrickOregon Supreme Court · 1901
- Uhler v. HarbaughOregon Supreme Court · 1924
4 more not listed; retrieve them via the Exa API.