INVESTMENT SERVICE CO. v. O'BRIEN AND WEST COAST TERMINALS, INC.


190 Or. 394 (1951)

223 P.2d 163

INVESTMENT SERVICE CO. v. O'BRIEN AND WEST COAST TERMINALS, INC.

Supreme Court of Oregon.

Reversed October 24, 1950.

Petition for rehearing denied January 10, 1951.


Attorney(s) appearing for the Case

James C. Dezendorf, of Portland, argued the cause for appellant. With him on the brief were Koerner, Young, Swett & McColloch, and Harry J. DeFrancq, of Portland.

Wilber Henderson argued the cause for respondent. On the brief were Platt, Henderson, Warner, Cram & Dickinson, and John E. Huisman, of Portland.

Before LUSK, Chief Justice, and BRAND, BELT, BAILEY and LATOURETTE, Justices.


REVERSED.

LUSK, C.J.

As assignee of the United States Bank of Portland (Oregon) the plaintiff, Investment Service Co., an Oregon corporation, brought this suit in equity for the purpose of recovering a judgment on two promissory notes executed by the defendant, Neil J. O'Brien, doing business as Columbia Pacific Distributing Co., and of subjecting to the lien of such judgment 1600 boxes of Newtown apples claimed to be held in pledge to the bank by the defendant...

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