Muir v. Morris
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by Jane W. Muir, as executrix of the estate of William T. Muir, deceased, against James H. Morris and Fred S. Morris, individually and as partners doing business under the firm name and style of Morris Bros.
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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by Jane W. Muir, as executrix of the estate of William T. Muir, deceased, against James H. Morris and Fred S. Morris, individually and as partners doing business under the firm name and style of Morris Bros. The facts are as follows: William T. Muir, plaintiff’s deceased husband, whom for brevity we style “Muir,” began this action to recover $65,000, as money had and received by the defendants to his use, which he claimed was the proceeds of a sale by the defendants of 1,000 shares of…
1Opinion of the Court
Mr, Justice Burnett
delivered the opinion of the court.
1. The precise question to be determined is whether there was any competent evidence to take the case to the jury. Besides the writings hereinafter mentioned, the evidence is found in the deposition of the decedent and the testimony of Julius Christensen and W. H. Hurlburt, the former a member of the firm, and the latter president and general manager of the Power Company while under control of the bank and the firm. Muir admitted as a witness that he entered the em*385ployment of the bank in February, 1901, at a salary of $200 per month, which…
2Cases cited7 opinions
- Sutherlin v. BloomerOregon Supreme Court · 1907
- American Contract Co. v. Bullen Bridge Co.Oregon Supreme Court · 1896
- Pacific Biscuit Co. v. DuggerOregon Supreme Court · 1902
- Wiseman v. N. P. R. R.Oregon Supreme Court · 1891
- Parker v. Smith Lumber Co.Oregon Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Marks v. Twohy Bros.Oregon Supreme Court · 1921
- Hoskins v. Powder Land & Irr. Co.Oregon Supreme Court · 1918
- Learned v. HolbrookOregon Supreme Court · 1918
- Biersdorf v. PutnamOregon Supreme Court · 1947
- Maxson v. Ashland Iron WorksOregon Supreme Court · 1917
10 more not listed; retrieve them via the Exa API.