Richmond v. Ogden Street Ry. Co.
Oregon Supreme Court
From Union : Morton D. Glieeord, Judge. This is a suit by F. L. Richmond and W. T. Wright against the Ogden Street Railway Company to reform two promissory notes- executed by the plaintiffs—one payable to the defendant, and the other to the Utah Loan & Trust Company, and assigned to the defendant.
Read the full summary
From Union : Morton D. Glieeord, Judge. This is a suit by F. L. Richmond and W. T. Wright against the Ogden Street Railway Company to reform two promissory notes- executed by the plaintiffs—one payable to the defendant, and the other to the Utah Loan & Trust Company, and assigned to the defendant. In April, 1899, Fred Nodine, in pursuance of an agreement between himself and one F. A. E. Starr, conveyed all his property, real and personal, to the plaintiffs in trust, to dispose of, and out of the proceeds to pay his indebtedness. Starr was to use every effort and endeavor necessary and proper…
1Opinion of the CourtJustice Bean
1. The motion to strike out was properly allowed. The question in this suit is whether the notes executed by the plaintiffs in favor of the defendant and its assignor express the true contract and agreement of the parties, and, if not, whether a court of equity will, as a matter of law, afford relief. A liability of the plaintiffs for a misapplication of the trust funds or for neglect of duty is no defense in this case, nor do the facts stated constitute an estoppel.
2. The oral testimony leaves no reasonable doubt of plaintiffs’ contention that the notes do not truly express the terms of the…
2Cases cited7 opinions
- Walden v. SkinnerSupreme Court of the United States · 1880
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
- Wisconsin Marine & Fire Insurance Co. Bank v. MannWisconsin Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Smith v. CramOregon Supreme Court · 1925
- Lytle v. HulenOregon Supreme Court · 1928
- Brown v. City of BremertonWashington Supreme Court · 1912
- Wicks v. MetcalfOregon Supreme Court · 1917
9 more not listed; retrieve them via the Exa API.