Conrad v. Pacific Packing Co.

• Decision Date: 26 July 1897
• Citation: 49 P. 659,34 Or. 337
• Parties: CONRAD et al. v. PACIFIC PACKING CO. et al.
• Court: Oregon Supreme Court

49 P. 659

34 Or. 337

CONRAD et al. v. PACIFIC PACKING CO. et al.

Supreme Court of Oregon

July 26, 1897

Appeal from circuit court, Multnomah county; Henry E. McGinn, Judge.

Suit by Peter Conrad and others against the Pacific Packing Company a corporation, and others, for the appointment of a receiver and to wind up the affairs of defendant corporation. From the decree said corporation and other defendants appealed. Motion by P. Selling, a defendant who failed to appeal, to amend the decree. Denied.

Joseph N. Teal, for the motion.

Allan R. Joy, opposed.

PER CURIAM.

This is a motion by a judgment creditor of the defendant to correct a decree against it. The material facts are that plaintiffs, as stockholders, brought a suit against the Pacific Packing Company, an alleged insolvent corporation, for the appointment of a receiver and to wind up its affairs whereupon P. Selling and other creditors were made parties defendant. Issues having been joined, the evidence was taken, from which the court found that on December 17, 1892, the corporation, being the owner in fee of certain real property, executed a mortgage thereon to secure the sum of $1,700, which was duly assigned to the defendant Charles W. La Barre; that on December 28, 1895, P. Selling having commenced an action against the said corporation to recover the sum of $700 and interest, caused its property to be attached, and thereafter obtained a judgment for the amount demanded; that on February 13, 1896, the corporation executed its mortgage to one Mary Young upon certain property; that she duly assigned the same to the Commercial National Bank; and that the amount due thereon is the sum of $3,000. And the court thereupon decreed that the property of the corporation be sold, and out of the proceeds there be paid (1) to Charles W. La Barre, the sum of $1,700; (2) to the Commercial National Bank, the sum of $3,000; and (3) that the balance be distributed pro rata among all bona fide creditors of the Pacific Packing Company. From this decree the corporation and other defendants appeal, but, after the time had elapsed for taking an appeal, Selling discovered that the lien of his judgment was made by the decree subordinate to the lien of the Commercial National Bank. He therefore moves to amend the decree, contending that the failure of the trial court to provide therein for the application of the proceeds of the sale of the property of the...