Legal Opinion

Outcault Advertising Co. v. Brooks

Oregon Supreme Court

Decided July 11, 1916PublishedCited by 3 opinions

From Marion: Percy E. Kelly, Judge. Department 2. Statement by Mr. Chief Justice Moore. This action was commenced in March, 1915, by the Outcault Advertising Company, a corporation, against John H. Brooks and George Steelhammer, to recover the sum of $109.20. The cause, being at issue, was tried by the court, which made findings of fact in substance as follows: (1) That at all the times mentioned herein the plaintiff was, and now is, a corporation organized and existing…

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From Marion: Percy E. Kelly, Judge. Department 2. Statement by Mr. Chief Justice Moore. This action was commenced in March, 1915, by the Outcault Advertising Company, a corporation, against John H. Brooks and George Steelhammer, to recover the sum of $109.20. The cause, being at issue, was tried by the court, which made findings of fact in substance as follows: (1) That at all the times mentioned herein the plaintiff was, and now is, a corporation organized and existing under the laws of the State of Illinois, and the defendants, John H. Brooks and George Steelhammer, were and are partners…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

1. The question to be considered is whether or not the findings of fact support the conclusion of law predicated thereon. This inquiry necessarily depends upon a determination as to whether or not a delivery of the goods to a common carrier selected by the plaintiff was equivalent to a transfer of the possession from. *437it to the defendants. As the writing, signed by the defendants, expressly stipulated that they were to hold the type and cuts subject to the plaintiff’s order, it conclusively appears from the memorandum that a redelivery of the goods was…

2Cases cited5 opinions

  1. Herring-Marvin Co. v. SmithOregon Supreme Court · 1903
  2. Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
  3. State v. Chew Muck YouOregon Supreme Court · 1890
  4. Outcault Advertising Co. v. BuellOregon Supreme Court · 1914
  5. Woodbine Children's Clothing Co. v. S. Goldnamer & SonCourt of Appeals of Kentucky · 1909

3Cited by3 opinions

  1. State v. KeelenOregon Supreme Court · 1922
  2. Bilby v. STN Enterprises, Inc. (In re STN Enterprises, Inc.)United States Bankruptcy Court, D. Vermont · 1985
  3. Outcault Advertising Co. v. BrooksOregon Supreme Court · 1916

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