Northwestern Mut. Life Ins. v. Security Savings & Trust Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Action by the Northwestern Mutual Life Insurance Company against the Security Savings & Trust Company. Judgment for defendant, and plaintiff brings error. The insurance company brought this action against the Security Savings & Trust Company to recover rent from the trust company.
Read the full summary
In Error to the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Action by the Northwestern Mutual Life Insurance Company against the Security Savings & Trust Company. Judgment for defendant, and plaintiff brings error. The insurance company brought this action against the Security Savings & Trust Company to recover rent from the trust company. In 1910 one Peterson owned lot 2 in 'block 7 in the city of Portland, and one Mallory owned two lots adjoining in the same block. On February 12, 1910, Peterson leased his ground for 23 years to a corporation…
1Opinion of the Court
HUNT, Circuit Judge,
(after stating the facts as above). The question argued is whether or not the mortgagee, which took over the property described in the lease, made itself liable for the payment of the rent to the lessor, or the.assignee of the lessor. The position of the plaintiff in error is that the fact of possession is a reasonable and practical test, and that a mortgagee, who chooses to take possession and enter into the leased premises, and use and enjoy the same, becomes in effect, whether or not in name, the tenant, and as such should bear the burdens of the tenant. On the other…
2Cases cited9 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Dutton v. WarschauerCalifornia Supreme Court · 1863
- Johnson v. ShermanCalifornia Supreme Court · 1860
- Cargill v. ThompsonSupreme Court of Minnesota · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Amco Trust, Inc. v. NaylorTexas Supreme Court · 1958
- Schonfeld v. City of VallejoCalifornia Court of Appeal · 1975
- Bonfils v. McDonaldSupreme Court of Colorado · 1928
- Steven Voloudakis and Katherine Voloudakis v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
- Barde v. Portland News Publishing Co.Oregon Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.