Herring-Marvin Co. v. Smith
Oregon Supreme Court
From Union : Robert Eaicin, Judge. Tlie complaint herein sets up, in substance, that plaintiff, the Herring-Hall-Marvin Co., is a corporation organized under the laws of New Jersey; that on the first day of April, 1901, defendant made, executed, and delivered to plaintiff an instrument in writing, which is made a part thereof; that on or about the fifth of June, 1901, the plaintiff shipped the safe mentioned therein, and consigned the same to defendant at the town of La…
Read the full summary
From Union : Robert Eaicin, Judge. Tlie complaint herein sets up, in substance, that plaintiff, the Herring-Hall-Marvin Co., is a corporation organized under the laws of New Jersey; that on the first day of April, 1901, defendant made, executed, and delivered to plaintiff an instrument in writing, which is made a part thereof; that on or about the fifth of June, 1901, the plaintiff shipped the safe mentioned therein, and consigned the same to defendant at the town of La Grande, Oregon, via best route, and that it arrived at its destination on the twentieth of June; that the freight thereon…
1Opinion of the CourtJustice Wolverton
The sufficiency of the complaint is challenged by objections to the introduction of evidence intended to establish defendant’s liability. It is unnecessary to take note of the demurrer, as the act of answering over brings us to this point, and the complaint must be tested by its sufficiency after verdict.
1. The first criticism is that the contract sued on, as shown by the complaint, is not a contract with the plaintiff, but with the Hall’s Safe & Lock Works, a different and distinct concern. There was a tendency in the evidence, however, to show that plaintiff, or the corporation designated…
2Cases cited24 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Murch v. WrightIllinois Supreme Court · 1868
- Smith v. BarberIndiana Supreme Court · 1899
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
19 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Alderson v. HoustonCalifornia Supreme Court · 1908
- Jeffries v. PankowOregon Supreme Court · 1924
- McDaniel v. ChiaramonteOregon Supreme Court · 1912
- Washburn v. Inter-Mountain Mining Co.Oregon Supreme Court · 1910
- International Harvester Co. v. BauerOregon Supreme Court · 1917
15 more not listed; retrieve them via the Exa API.