Bowen v. Clarke
Oregon Supreme Court
Appeal from Baker: Morton D. Clieeord, Judge. This is an action brought by J. P. Bowen against John G. Clarke, John A. Basche, and P. Basche, jointly, to recover a certain amount claimed to be due for rent under the following written lease:— “This indenture, made this tenth day of June, A. D., one thousand eight hundred and ninety, by and between John P. Bowen of Baker City, Oregon, and John G. Clarke, and John A. Basche, and P. Basche, as surety, all of Baker City,…
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Appeal from Baker: Morton D. Clieeord, Judge. This is an action brought by J. P. Bowen against John G. Clarke, John A. Basche, and P. Basche, jointly, to recover a certain amount claimed to be due for rent under the following written lease:— “This indenture, made this tenth day of June, A. D., one thousand eight hundred and ninety, by and between John P. Bowen of Baker City, Oregon, and John G. Clarke, and John A. Basche, and P. Basche, as surety, all of Baker City, Oregon,—Witnesseth: that in consideration of the covenants herein contained on the part of the party of the second part to be…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
The errors assigned arise upon the admission of testimony, and instructions given and refused by the trial court. The principal question presented is whether the *595defendant P. Basche can be sued jointly with the other defendants, the solution of which depends upon whether his undertaking is original or collateral. If his contract is collateral, and one of guaranty only, his liability and that of his principals is several, and cannot be enforced by a joint action: Tyler v. Trustees of Tualatin Academy, 14 Or. 485; but if he is a joint contractor with the other…
2Cases cited10 opinions
- Bowen v. ClarkeOregon Supreme Court · 1892
- Tyler v. Trustees of Tualatin AcademyOregon Supreme Court · 1887
- Lightner v. MenzelCalifornia Supreme Court · 1868
- Watson v. BeaboutIndiana Supreme Court · 1862
- Perkins v. GoodmanNew York Supreme Court · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cellers v. MeachemOregon Supreme Court · 1907
- Oklahoma State Bank of Sayre v. SeatonSupreme Court of Oklahoma · 1918
- Scandinavian-American Bank v. Went-Worth Lumber Co.Oregon Supreme Court · 1921
- White v. SavageOregon Supreme Court · 1906
- Bergmann v. RollWisconsin Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.