La Grande Nat. Bank v. Oliver
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. This is an action by the La Grande National Bank, a banking corporation, against E. W. Oliver. From a judgment in favor of plaintiff, the defendant appealed. Department 1. Statement by Mr. Justice Burnett.
Read the full summary
From Multnomah: Robert G. Morrow, Judge. This is an action by the La Grande National Bank, a banking corporation, against E. W. Oliver. From a judgment in favor of plaintiff, the defendant appealed. Department 1. Statement by Mr. Justice Burnett. The plaintiff declares in the ordinary form upon a promissory note given by the defendant January 30, 1913, for $1,700, with interest at eight per cent per annum, which it avers “is wholly unpaid, except $16.33, paid on March 27, 1913.” The amended answer, upon which the case was tried, admitted the execution of the note, but denied that it was…
1Opinion of the CourtJustice Burnett
According to the bill of exceptions the trial judge seems to have proceeded upon the theory that the diversion by the bank of the proceeds of the sale of the grain from the payment of defendant’s lien thereon to the liquidation of its own chattel mortgage upon the same crop was solely a conversion sounding in tort which could not be made the basis of a counterclaim in an action arising upon contract.
1, 2. If the defendant had a lien upon the crop he could have recovered the grain in replevin alleging himself to be the owner thereof and proving the averment by showing the fact that he had a…
2Cases cited2 opinions
- Reinstein v. RobertsOregon Supreme Court · 1898
- Wagener v. United States Nat. BankOregon Supreme Court · 1912
3Cited by5 opinions
- Hackett Digger Co. v. CarlsonOregon Supreme Court · 1928
- Scottsdale Ginning Co. v. LonganArizona Supreme Court · 1922
- La Grande Nat. Bank v. OliverOregon Supreme Court · 1918
- Siegman v. SiegmanOregon Supreme Court · 1936
- Williams v. LedbetterOregon Supreme Court · 1929