Legal Opinion

Geren v. Hollenbeck

Oregon Supreme Court

Decided June 24, 1913PublishedCited by 7 opinions

From Multnomah: Calvin TJ. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by H. M. Geren against Edgar Hollenbeck. The substance of the complaint is that about June 10, 1910, plaintiff was the owner and entitled to the possession of an automobile of the value of $3,000, which the defendant at that time converted to his own use, to the damage of the plaintiff in that amount. The defendant answered, denying all the allegations of the complaint.

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From Multnomah: Calvin TJ. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by H. M. Geren against Edgar Hollenbeck. The substance of the complaint is that about June 10, 1910, plaintiff was the owner and entitled to the possession of an automobile of the value of $3,000, which the defendant at that time converted to his own use, to the damage of the plaintiff in that amount. The defendant answered, denying all the allegations of the complaint. Although disputed, there was some testimony tending to prove the allegations of the complaint. The testimony on the plaintiff’s…

1Opinion of the CourtJustice Burnett

1, 2. We must accept as a postulate that there was evidence tending to prove that, without the knowledge or consent of the plaintiff, the defendant gave the automobile into the possession of a man who wrecked it. It remains to determine the effect of the subsequent foreclosure of a chattel mortgage upon the car.

The disposition of the property contrary to the terms of his. custody thereof, whereby the property was destroyed, constituted a conversion of it as respects the plaintiff, whose causé of action was complete at that time. This right of action is not appendant to the title to the…

2Cases cited1 opinion

  1. Morrison v. CrawfordOregon Supreme Court · 1879

3Cited by7 opinions

  1. Cross v. CampbellOregon Supreme Court · 1944
  2. ATLAS HOTEL SUPPLY COMPANY v. BaneyOregon Supreme Court · 1975
  3. Fritz v. F. W. Hochspeier Co.Illinois Supreme Court · 1919
  4. Hite v. WorleyNew Mexico Supreme Court · 1952
  5. Jeffries v. PankowOregon Supreme Court · 1924

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