Daily capital journal. (Salem, Or.) 1896-1899, 1898-11-11
Argued Before Judge Boise Of De-
partment No. 2. Circuit Court.
Mr.. Bingham Seeks to Bring an Injunc.
ton Against Manon County Hop
Farmer.

OSuJo pDuuu vi bue CIOp VI looos ~
was signed for the young man by the
father. 1t made no material differ
ence whether f. Trombley, sr., signed
for the boy or not. The signature TO
the receipts compared TO the other
signatures would show they we're the
same aud we're all In the writing OF
Trombly, Sr. The contract was
assigned Ia 1899 from father to son but
not recorded until September, 1898,
Mr.. Slater OF counsel for defendant
showed that IL had been recorded in
1893 aud again in 1898 when 1t was
re-assigned.
Mr.. Bingham ha6 TO admit this and
proceeded TO show that TrOmbly sr.
was involved In debt and had assigned
to prevent attachments by judgment.
September 5, 1896, Trombly, jr :. au.
thOrized the agent OF Lillenthal TO
nay over any moneys To the elder
Trombly, who transacted the entire
business.
Ii the SOD Of this farmer wgs as
incompetent man as was repre-
sented he was not tit To do business
and was dictated to and controlled by
the father. The conduct of the father
and son showed fraud from all the
circumstances. Their language was
not such as to admit of all the fraud
charged but their actions spoke
louder than words. Trumbley was
man who would resort TO any kind OF
means TO keep from delivering these
hops to Lilienthal & Co. II he could
help it. These men we're In debt and
would naturally protect each other.
They got more insurance for their
hops burning In 1897 than they would
have received for their crop that year.
They did not show what they did
with this money.
Plaintiff had demanded the hops on
October 8, at cents a pound. But
they had sold the hops elsewhere. IL
was only after they had discovered
hops had advanced In price that they
tried TO spirit them away,ald shipped
them under an assumed name In an
other county.
The order was written IN TIVE diff
ferent kinds OF ink. The first part was
blurred. Mr.. Bingham called the
courts attention TO this as evidence
OF fraudulent conduct.
Judge Boise said there might have
been two kinds of ink on the table.
Mr.. Bingham said II was not likely
there would have been copying Ink In
a farmhouse.
Young Trombley went to Portland
and represented himself as ope Nc
Kenna. signed a receipt and check
as w. S. McKenna, a man recently ar
rlyed from Iowa. He shipped the
hops ln the name Of his sOn-in law.
The order was "to whom II may con-
cern," tnat bearer was authorized 10
sell the hops at Portland aud received
pay for same.
, The hops we're hauled 20 Parker
] after midnight and there was no ex-
cuse except that they could get more
for their hops. The recording OF q
hop contract had the same effect as a
chattel mortgage, and need be re
corded 10 but one county, and the
purchaser could not claim that he
bought without notice. Plncus
bought the hops at l24 cents, ~ cents
below the 'market, saying the hops
were green. The one who would lose
II this contract Is enforced.is Horst &
Co., about $500; but that was no more
than they sought 10 make by pur-
chasing below the market price In
violation OF a specific contract.
Mr.. Slater said the contract TO be
enforced must be fair, mutual and
equal between both parties. There
was such want of mutually that
equity must intervene TO protect
either party. defendant was required
TO dellyer Il, 900 lbs. or all he could
grow, but Lillenthal were not required
70 take pound less.
The contract called for sale and de-
livery OF $4,000. IL could not com
pell Lillenthai & Co., To accept any
less than that amount, The contract
was no, a chattel mortgage, but a
contract for the sale Of personal prop
erty. Fraud is never presumed. IL
must be proved. What was there 10
the father and son merely living TO-
gether 20 prove fraud ? None what
ever. They had no evidence OF pri'
mary, original proof Of fraudulent
intent. The elder .Trombley advised
the son against making this contract.
The father always paid the debts o
the son aDd watched over the ousi-
ness affairs Of the son and
protected oyer him. After paying the
money advanced and lawyer fees,
s459 20 was all the TrOmbleys had
left after their fire. They allege In
-olvency aud yet want Trombley 70
20 intO debt still more for new hop
house 20 raise hops for Lillenthal
& Go.
In April the son wanted 70 plow
up the hops. The father said no, he
would work them. He bad the hop
contract assigned 10 him and 10 June
had the assignment drawn up. Mr..
Bingham elites circumstances 10 prove
fraud, but he has no basic fraud 20