Flanagan Bank v. Graham
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. This is a suit by the Flanagan & Bennett Bank, a corporation, against R. A. Graham and others to foreclose two chattel mortgages, the first of which was executed by Graham to Flanagan & Bennett, as partners, on January 20,1891, to secure the payment to them of $6,039.54, and such further amount as they should advance to him. within sixty days thereafter, not exceeding $10,000 in all, and interest, covering horses, harness, carts, wagons,…
Read the full summary
From Coos: James W. Hamilton, Judge. This is a suit by the Flanagan & Bennett Bank, a corporation, against R. A. Graham and others to foreclose two chattel mortgages, the first of which was executed by Graham to Flanagan & Bennett, as partners, on January 20,1891, to secure the payment to them of $6,039.54, and such further amount as they should advance to him. within sixty days thereafter, not exceeding $10,000 in all, and interest, covering horses, harness, carts, wagons, scrapers, tools, camp outfits, tents, stoves, cooking utensils, and all property and implements used by the said Graham…
1Opinion of the CourtJustice Wolverton
The legal issues presented are few, although the record is voluminous, and incumbered with a vast variety of exhibits, more or less confusing, and difficult to reconcile so as to arrive at an entirely satisfactory solution of the controversy.
1. As to the chattel mortgage first given by Graham to Flanagan & Bennett, the property involved, unless the steam excavator may be said to be included, has ceased to have any practical existence, or at least it has not been presently so identified as to make it possible that the law may lay hold of it and subject it to the payment of plaintiff’s demands.…
2Cases cited7 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Beall v. WhiteSupreme Court of the United States · 1877
- Kribbs v. . AlfordNew York Court of Appeals · 1890
- Ludlum v. RothschildSupreme Court of Minnesota · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Irwin's Bank v. Fletcher, Etc., Trust Co., Rec.Indiana Supreme Court · 1924
- Clatworthy v. FergusonSupreme Court of Colorado · 1922
- Kenney v. HurlburtOregon Supreme Court · 1918
- Meier & Frank Co. v. SabinCourt of Appeals for the Ninth Circuit · 1914
- Sims v. JamisonCourt of Appeals for the Ninth Circuit · 1933
4 more not listed; retrieve them via the Exa API.