McBee v. Ceasar
Oregon Supreme Court
Appeal from Multnomah County. Facts are stated in the opinion of the court. 1. The court erred in allowing witness, T. J. Blair, to testify that the wheat was shipped to defendants. It is a presumption of law that the ordinary course of business was followed, and the shipping receipts were the proper evidence of the shipment.
Read the full summary
Appeal from Multnomah County. Facts are stated in the opinion of the court. 1. The court erred in allowing witness, T. J. Blair, to testify that the wheat was shipped to defendants. It is a presumption of law that the ordinary course of business was followed, and the shipping receipts were the proper evidence of the shipment. ( Young v. Miles, 20 Wis. 646; Code, 261.) 2. It was error to allow Blair to testify as to what he wrote defendants without producing the letter or accounting for its absence. (Code, § 681, p. 247; § 749, p. 258.) 3. The court erred in allowing proof of the demand which…
1Opinion of the CourtLord, C. J.
This is an action for the conversion of about 6,343 bushels of wheat alleged to have been deposited in the *65warehouse of T. Blair, at Booneville, and subsequently, in the year 1885, shipped in the steamer McCully and delivered to the defendants. The action originated in this state of facts: During the years 1883 and 1884, the plaintiff and other persons who have assigned their claims to him, deposited their wheat in the said warehouse, taking what are known as “weighing checks,” for each load as delivered, and after the deposits for the season were complete, regular warehouse receipts for the…
2Cited by5 opinions
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Kastner v. AndrewsNorth Dakota Supreme Court · 1923
- State v. StockmanOregon Supreme Court · 1896
- Halleck v. BresnahenWyoming Supreme Court · 1883
- Hemshorn, Lelek v. HemshornOregon Supreme Court · 1948