Daily capital journal. (Salem, Oregon) 1903-1919, 1915-10-19
DEC|S|ONO OF SUPREME
COURT IS AGAINST
THE ROTH COMPANY
Judge Kelly Reversed In One
Land Case, Judge Galloway
Is Upheld In Another

The supreme court today handed
down an opinion reversing the decision
of Judge Kelly in the case of E. o.
Moll against The Roth company and
also added another chapter to the fa-
nous case of M. L. Jones against Shelf
Ter and others. In the Moll versus
Roth judgment of nonsuit was grant
ed by Judge Percy r. Kelly and the
case was appealed to the supreme court.
This was an action brought against the
Roth, company, as endorser, upon a
Promissory note. The plaintiff asked to
recover the sum of $50 as the princi-
pal, $75 as attorneys fees and $l4 as
interest upon the note given by one
Hickox and endorsed by the Roth com
pany.
The defendant argued that the en-
dorsement was made ny E. Schunke, as
secretary OF the Roth company and the
supreme court held that the acts of the
secretary were binding as a corporation
can only act through its agents and
that the lower court erred in granting
a nonsuit as the case should have been
submitted to the jury. The decision of
Judge Kelly was reversed and the ease
remanded for trial. The opinion was
written by Justice Bean with Chief Jus
tice Moore, and Justices Eakin and
Harris concurring.'
The decision of Judge Galloway was
affirmed in the case or the y. s. Ma
tional bank of Salem, plaintiffs and
respondents, against George c. Shelter
and Belle M. Shelter, his wife, ]. II.
Cummings, s. @. Spencer and Beneta
r. Stroud, defendants, against F. J.
Eldridge and the Swastika Farms com.
pany appellants. Justice Harris wrote
the opinion for this case which is an
outgrowth of the case of Jones versus
Shelter which was recently decided by
the supreme court. In his opinion JUS
tice Harris said:
"The decree of the lower court is
affirmed in the instant case but this de-
cree does not in any way modify or
limit the directions in the case of Jones
versus Sheffler."
The suit brought to compel the coun-
ty commissioners to make the city of
Portland separate. road district,
brought by the state ex rel, William F.
Brady against the county commission
ers of Multnomah county was dismissed
in an opinion written by Justice Bean.
The other decisions handed down
were as follows:
Ella Burnside VS.. d. W. Burnside. an
pellant, appealed from Clatsop county,
suit for divorce, opinion by Chief Jus.
tice Moore, Circuit Judge Eakin IS iudg.
ment for plaintiff reversed.
Richard Willis ct al VS.. Horticultural
Fire Relief of Oregon, appellant, an.
pealed from Lake county, action upon
insurance policy, opinion by Chief JUS
tice Moore, former Circuit Judge Ben
son affirmed.
Farmers State bank VS.. Burt West,
appellant, appealed from Columbia
county, action on promissory note, op-
inion by Justice Eakin, Circuit Judge
Campbell's judgment ror the plaintiff
reversed.
William Mackay vs.. Port of Toledo,
appellant, appealed from Lincoln coun-
ty, action for damages for personal in.
juries, opinion by Justice Harris, form.
er Circuit Judge Benson g Judgment foI
plaintiff affirmed.
Il. o. Mol, appellant, VS.. The Roth
company, appealed from Marion county
action on promissory note, opinion by
Justice Bean, Circuit Judge Kelly IS
Judgment for defendant reversed.
Montesano Lumber Manufacturing
company VS.. Portland Iron Works, ap-
pealed from Multnomah county, action
for damages, opinion by Justice Me.
Bride, suit dismissed without prejudice.
j. c. Kahn VS.. Home Telephone &
Telegraph company, Of Portland, appel
liant, appealed from Multnomah county,
action for personal injuries, by Justice
Mcbride, Circuit Judge Parker's iudg.
ment denied in Jones VS.. Sneffler, Mil
Ter vs.. Portland, Kollock VS.. Leyde,
Temple VS. Portland.