Mellott v. Downing
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Action by George O. Mellott against F. O. Downing and F. H. Hopkins for money had and received by the defendants to the plaintiff’s use.
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From Multnomah: Alfred F. Sears, Jr., Judge. Action by George O. Mellott against F. O. Downing and F. H. Hopkins for money had and received by the defendants to the plaintiff’s use. The complaint alleges that on or about the eighteenth of September, 1896, at Portland, Oregon, the plaintiff, for the purpose of securing defendants against loss through failure of the plaintiff to pay or reimburse them for “commissions earned, money advanced, or liability assumed ” by them “in the purchase and sale of grain or options in the board of trade of Chicago, Illinois, for and on account of plaintiff,”…
1Opinion of the CourtChief Justice Bean
1. There are some twenty assignments of error in the abstract, but it is unnecessary to notice them in detail. They are practically all predicated on the contention— which we think is sound — that the court permitted the defendants to recover upon defenses not pleaded. The answer admits that the certificate of deposit mentioned and described in the complaint was received from the plaintiff “as security for losses suffered by plaintiff, commissions earned, and advancements made by defendants on or account of transactions thereafter to be had by defendants with plaintiff.” There is- no…
2Cases cited6 opinions
- Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901
- Guille v. Wong FookOregon Supreme Court · 1886
- Denton v. JacksonIllinois Supreme Court · 1883
- Jones v. MarksIllinois Supreme Court · 1866
- Larminie v. CarleyIllinois Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Patterson v. PattersonOregon Supreme Court · 1902
- Dryden v. DalyOregon Supreme Court · 1918
- Howard v. Horticultural Fire ReliefOregon Supreme Court · 1915
- Benish v. JonesSupreme Court of Colorado · 1920
- Snow v. TOMPKINSOregon Supreme Court · 1955
3 more not listed; retrieve them via the Exa API.