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LUMBERMENS MUTUAL CASUALTY COMPANY v. JAMIESON

447 P.2d 384 (1968)

LUMBERMENS MUTUAL CASUALTY COMPANY, a Corporation, Respondent, v. Howard JAMIESON and William Messal, Doing Business As Messal Bag Company, Defendants, William Messal, Doing Business As Messal Bag Company, Appellant.

Supreme Court of Oregon, Department 1.

Decided November 27, 1968.

Attorney(s) appearing for the Case

Carl R. Neil, Portland, argued the cause for appellant. With him on brief were Krause, Lindsay & Nahstoll, Portland.

James G. Breathouwer, Portland, argued the cause for respondent. With him on brief were Seitz, Whipple, Bemis & Breathouwer, Portland.

Before PERRY, C.J., and O'CONNELL, GOODWIN, DENECKE and MENGLER, JJ.

DENECKE, Justice.

The plaintiff insured Boise Cascade Corporation (Boise) under a fidelity bond. Boise has a subsidiary, Ames Harris Neville Company (AHN), which employed the defendant Jamieson. Jamieson sold burlap, the property of AHN, to the defendant Messal. Jamieson converted the payments received from Messal for this burlap to his personal use and plaintiff alleges such defalcations were with the knowledge and participation of Messal. Plaintiff alleges Boise...

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