Legal Opinion

Falconio v. Larsen

Oregon Supreme Court

Decided May 1, 1897PublishedCited by 20 opinions

From Multnomah: E. D. Shattuck, Judge. The purpose of this action is to establish ninety-eight different and distinct claims, ranging in amount from $1.25- to $100, preferred by certain laborers and employees against the estate of E. S. Larsen, an insolvent debtor, for labor and services rendered the said Larsen within ninety days prior to the date of his assignment for the benefit of his creditors, and is prosecuted under the provisions of an act entitled “An Act to Protect…

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From Multnomah: E. D. Shattuck, Judge. The purpose of this action is to establish ninety-eight different and distinct claims, ranging in amount from $1.25- to $100, preferred by certain laborers and employees against the estate of E. S. Larsen, an insolvent debtor, for labor and services rendered the said Larsen within ninety days prior to the date of his assignment for the benefit of his creditors, and is prosecuted under the provisions of an act entitled “An Act to Protect Employees and Laborers in Their Claims for Wages,” approved February 20, 1891 (Laws, 1891, p. 82). Larsen was a…

1Opinion of the Court

Mr. Justice Wolverton,

after stating the facts, •delivered the opinion of the court.

The principal question suggested by the controversy is touching the assignability of claims of laborers, the preferment of which the enactment is designed to promote. No contention is made but that the claimants might each for himself have prosecuted an action in his own name of the nature here adopted to establish his individual claim; but it is insisted that the preference which the law raises is a privilege strictly personal to the claimant, and one *142which he alone can exercise; that the mode or process by…

2Cases cited15 opinions

  1. Allen v. . BrownNew York Court of Appeals · 1870
  2. Young v. HudsonSupreme Court of Missouri · 1889
  3. Bussian v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
  4. Kinney v. Duluth Ore Co.Supreme Court of Minnesota · 1894
  5. Roberts v. ParrishOregon Supreme Court · 1889

10 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Nordling v. JohnstonOregon Supreme Court · 1955
  2. Rae v. CameronMontana Supreme Court · 1941
  3. Miedreich v. RankIndiana Court of Appeals · 1907
  4. Jones v. JonesOregon Supreme Court · 1911
  5. Jackson v. StearnsOregon Supreme Court · 1906

15 more not listed; retrieve them via the Exa API.

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