Smyth v. Kenwood Land Co.
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Department 1. This is an action to recover damages for injuries to certain articles of personal property and for the destruction of other articles of personalty. The action was brought by Harry Howard, and he obtained a verdict and judgment against the Kenwood Land Company, and the defendant then appealed.
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From Multnomah: John P. Kavanaugh, Judge. Department 1. This is an action to recover damages for injuries to certain articles of personal property and for the destruction of other articles of personalty. The action was brought by Harry Howard, and he obtained a verdict and judgment against the Kenwood Land Company, and the defendant then appealed. Howard died after the rendition of the judgment, and Sidney Smyth as administrator of Howard’s estate, was substituted as the party plaintiff. The Kenwood Land Company, the Pacific G-as Traction Company, and the Ajax-Auto-Traction Company, are…
1Opinion of the CourtHareis, J.
The defendant argnes that the judgment should be reversed because: (1) There is no evidence to show that the injury to or destruction of any of the property was done by the Kenwood Company; (2) “there is no evidence of the dissolution of the Westrumite Company”; and (3) the plaintiff has not alleged or proved a cause of action in his favor, since there is neither allegation nor proof of the payment of the debts of the corporation. These three points are the only ones discussed in the printed brief submitted by the defendant, and consequently we shall confine our attention to these three…
2Cases cited13 opinions
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Davis v. ChamberlainOregon Supreme Court · 1908
- Schneider v. TapferOregon Supreme Court · 1919
- Stowell v. . OtisNew York Court of Appeals · 1877
- Baldwin v. JohnsonTexas Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Miller v. MadiganSupreme Court of Oklahoma · 1923
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- Deschutes Co. v. LaraOregon Supreme Court · 1928
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- Hibernia Securities Co. v. MoreyCalifornia Court of Appeal · 1937