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McRAE v. VOGLER

536 P.2d 509 (1975)

Margaret M. McRae, Appellant, v. Henry C. VOGLER, III, Individually, and As Personal Representative of the Estate of Henry C. Vogler, Jr., and Pearl E. Vogler, Respondents, and Robert Sands and Helen Sands, Intervenors-Respondents.

Supreme Court of Oregon, In Banc.

Decided June 12, 1975.

Attorney(s) appearing for the Case

John M. Eaton, Burns, argued the cause and filed the brief for appellant.

Wendell E. Gronso, Burns, argued the cause and filed the brief for respondents and intervenors-respondents.

TONGUE, Justice.

By her complaint in this suit plaintiff seeks a decree declaring that a transaction in which she borrowed $6,000 and transferred to defendants certain stocks subject to an "option to [re]purchase" was a security transaction; that the subsequent transfer of such stocks without her consent was a conversion of the stocks; and that she was entitled to a judgment for $26,000 as the value of the stocks, together with $25,000 in punitive damages.

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