Gresham State Bank v. O and K Const. Co.
| Decision Date | 13 June 1962 |
| Citation | 372 P.2d 187,231 Or. 106 |
| Parties | GRESHAM STATE BANK, an Oregon corporation, Plaintiff-Respondent, v. O AND K CONSTRUCTION COMPANY, an Oregon corporation, Defendant-Appellant, and Ada Zimmerman, individually and as Executrix of the Estate of Carl Zimmerman, deceased, dba Zimmerman's Twlve Mile Store, Defendant-Respondent and Cross-Appellant. |
| Court | Oregon Supreme Court |
Jack L. Hoffman, Portland, submitted a brief for petitioner.
Before ROSSMAN, J. P., and WARNER, PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, JJ.
Defendant Ada Zimmerman petitions the court for a rehearing. The petition is denied. However, several matters are presented in the petition which prompt us to clarify our former opinion. We held that O and K Construction Company was entitled to recover interest on the amount of each of the checks from the date of conversion in each instance. The date was not specified. The O and K Construction Company's cross-complaint against plaintiff prays for interest from a specified date with respect to each of the 26 checks for which recovery was sought against the plaintiff. Similarly, the cross-complaint against Zimmerman and the plaintiff with respect to the other four checks designates the date from which interest is to run. The date specified was, in each instance, subsequent to the date indicated on the back of the check showing the exercise of dominion and control by the bank and, of course, subsequent to the conversion of the checks in each case by Zimmerman.
Our former opinion is clarified to provide that interest is recoverable from the date specified in the cross-complaint. Contrary to petitioner's contention, the sum claimed is liquidated. The evidence did not establish that any of the appropriated moneys were returned to the O and K Construction Company. Plaintiff was a converter of the checks owned by O and K Construction Company. We do not believe that the filing of the interpleader suit should absolve it from liability in this respect, which would include the liability for interest from the date of conversion. Cf., Annotation, 15 A.L.R.2d 473, 479 (1951). The defense proposed by Gresham State Bank was tendered to and accepted by Zimmerman. We regarded this as putting in issue the liability of Zimmerman for the interest alleged in the cross-complaint against the bank for the reason that Zimmerman was liable on its endorsement to the plaintiff, the endorsement warranting the checks to be...
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Casey v. Manson Const. & Engineering Co.
...notes executed and payable in California. See Gresham State Bank v. O & K Con. Co., 231 Or. 106, 118--119, 370 P.2d 726, 372 P.2d 187, 100 A.L.R.2d 654.1 Cavers, The Choice-of-Law Process (1965), ...
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Mackey-Woodard, Inc. v. Citizens State Bank of Cheney
...Savings & Loan Ass'n, 138 F.Supp. 395 (D.Or.1956); Gresham State Bank v. O & K Construction Co., 231 Or. 106, 370 P.2d 726, 372 P.2d 187, 100 A.L.R.2d 654 (1962); Security Fence Co. v. Manchester Federal Savings and Loan Association, 101 N.H. 190, 136 A.2d 910 (1957); and Hillsley v. State ......
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