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Moore v. Taylor

Oregon Court of Appeals
Nov 23, 1983
672 P.2d 373 (Or. Ct. App. 1983)

Opinion

16575; A26471

Argued and submitted July 18, 1983

Affirmed November 23, 1983

Appeal from Circuit Court, Wasco County.

William L. Jackson, Judge.

J. R. Perkins, III, The Dalles, argued the cause and filed the briefs for appellant.

M. D. Van Valkenburgh, The Dalles, argued the cause for respondent. With him on the brief was Van Valkenburgh, Coats Kelly, The Dalles.

Before Richardson, Presiding Judge, and Van Hoomissen and Newman, Judges.

PER CURIAM

Affirmed.



The Moores sued Taylor for negligently allowing destruction of a mobile home that they had purchased from him. Columbia River Banking Corporation (CRBC) was the holder of a promissory note made by the Moores and secured by a security agreement on the mobile home. It obtained a judgment against the Moores on the note. The Moores filed bankruptcy, and their debt to CRBC was discharged in the bankruptcy. CRBC was allowed to intervene in the Moores' suit by stipulation of the parties.

Defendant Taylor then moved to dismiss CRBC's complaint in intervention for failure to state a claim. The trial court dismissed CRBC's claim on the ground that it was not the real party in interest. Although under Commercial Securities, Inc., v. Mast, 145 Or. 394, 28 P.2d 635 (1934), CRBC could have pleaded a claim against Taylor for destruction of the collateral, it did not. Instead, it attempted to plead an action on a note evidencing a debt that had been discharged. There is no such cause of action, and the trial court should have dismissed for failure to state a claim. The trial court reached the right result.

Affirmed.


Summaries of

Moore v. Taylor

Oregon Court of Appeals
Nov 23, 1983
672 P.2d 373 (Or. Ct. App. 1983)
Case details for

Moore v. Taylor

Case Details

Full title:MOORE et ux, Plaintiffs, COLUMBIA RIVER BANKING COMPANY, Intervening…

Court:Oregon Court of Appeals

Date published: Nov 23, 1983

Citations

672 P.2d 373 (Or. Ct. App. 1983)
672 P.2d 373