Fischer v. Cone Lumber Co.
Oregon Supreme Court
From Multnomah; Arthur L. Frazer, Judge. Statement by Mr. Commissioner Slater. This is an action by W. G. Fischer against the G. W. Cone Lumber Co. for damages under the statute for rendering difficult, uncertain or impossible of identification 431 saw logs containing about 178,000 feet of lumber and 25 boom sticks, which it is alleged were subject to laborers’ liens. The complaint contains 10 separate but similar causes of action, of which only the first will be noticed.
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From Multnomah; Arthur L. Frazer, Judge. Statement by Mr. Commissioner Slater. This is an action by W. G. Fischer against the G. W. Cone Lumber Co. for damages under the statute for rendering difficult, uncertain or impossible of identification 431 saw logs containing about 178,000 feet of lumber and 25 boom sticks, which it is alleged were subject to laborers’ liens. The complaint contains 10 separate but similar causes of action, of which only the first will be noticed. Plaintiff sues as the assignee of Frank Miller and nine other lienholders who between March 12 and September 12, 1904,…
1Opinion of the Court
-JVIr. Commissioner Slater
delivered the opinion.
As we view the matter, it is not necessary to determine the merits of plaintiff’s objection to the sixth finding. The gist of this action is whether there was a lien upon the logs at the time they were taken and sawed up by the defendant company. If there was, and defendant injured, impaired or destroyed them or rendered their identification difficult, uncertain or impossible, without the express consent of the person entitled to such lien, it is liable in damages therefor' to the lienholder to the amount of his lien, unless said lien was…
2Cases cited8 opinions
- Scott v. FordOregon Supreme Court · 1904
- Hughes v. LansingOregon Supreme Court · 1898
- Zorn v. LivesleyOregon Supreme Court · 1904
- Oakes v. MooreSupreme Judicial Court of Maine · 1844
- Patterson v. TaylorSupreme Court of Florida · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Day v. GreenOregon Supreme Court · 1912
- Abernathy v. PetersonIdaho Supreme Court · 1924
- C & V, Inc. v. Daw Forest Products Co.Court of Appeals of Oregon · 1987
- First Nat. Bank v. WegenerOregon Supreme Court · 1919