Hathaway v. Ford Motor Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon; Charles E. Wolverton and Robert S. Bean, Judges. Suit by the Ford Motor Company against E. M. Hathaway and others. Decree for plaintiff, and defendants appeal. The appellants, a partnership, were local agents of the appellee to sell Ford automobiles under a contract which provided that either party might cancel the same upon giving the other party written notice.
Read the full summary
Appeal from the District Court of the United States for the District of Oregon; Charles E. Wolverton and Robert S. Bean, Judges. Suit by the Ford Motor Company against E. M. Hathaway and others. Decree for plaintiff, and defendants appeal. The appellants, a partnership, were local agents of the appellee to sell Ford automobiles under a contract which provided that either party might cancel the same upon giving the other party written notice. On May 25, 1916, the appellee canceled Hie contract, and on .Tune 3, 1916, it brought replevin to recover possession of certain described Ford…
1Opinion of the Court
GILBERT, Circjuit Judge
(after stating the facts as above). [1] The contract of agency gave to the agents a lien on the auiomobiles consigned to them for the 85 per cent, of the purchase price advanced, and for freight, and required them to maintain insurance on the goods for their protection against loss. It was this lien or equitable interest that the appellants mortgaged to the bank as security for money borrowed to make the said 85 per cent, payment, and it was for the *954purpose of releasing the mortgaged property from the mortgage that the appellee paid the bank the full amount of its loan.…
2Cases cited11 opinions
- Merchants Heat & Light Co. v. J. B. Clow & SonsSupreme Court of the United States · 1907
- Virginia-Carolina Chemical Co. v. KirvenSupreme Court of the United States · 1909
- Journal Publishing Co. v. BarberSupreme Court of North Carolina · 1914
- Quick v. LemonIllinois Supreme Court · 1882
- Cobb v. DyerSupreme Judicial Court of Maine · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Meckler v. WeissSupreme Court of Florida · 1955
- Stoner v. StonerAppellate Court of Illinois · 1953
- United States v. AppleCourt of Appeals for the Eighth Circuit · 1923
- Stilwyn, Inc. v. Rokan CorporationIdaho Supreme Court · 2015