Durbin v. Kuney
Oregon Supreme Court
Appeal from Marion county: R. P. Boise, judge. This action was brought against the defendants for contribution. The facts are in substance these: On the fifteenth day of August, 1879, the plaintiff Durbin and the defendants Kuney & Sayers, parties to this action, gave two promissory notes of that date to R M. Wade & Co.., each for $162.50, due in three and fifteen months after date, respectively, and signed by all the parties, in payment for a harvester purchased by them,…
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Appeal from Marion county: R. P. Boise, judge. This action was brought against the defendants for contribution. The facts are in substance these: On the fifteenth day of August, 1879, the plaintiff Durbin and the defendants Kuney & Sayers, parties to this action, gave two promissory notes of that date to R M. Wade & Co.., each for $162.50, due in three and fifteen months after date, respectively, and signed by all the parties, in payment for a harvester purchased by them, and that the plaintiff Durbin paid off both notes as follows : On September 24, 1881, he paid R M. Wade & Co. $203.63 —…
1Opinion of the CourtLord, J.
The facts disclose that the notes were founded upon one transaction and were given for one debt, but the instruction treats the right of the plaintiff to recover contribution as dependent on the contract, expressed by the notes and subject to the statute of limitations according to the order of their payment. The right of contribution affects only the relations of the joint debtors or sureties between themselves, and is entirely distinct from and independent of the contract with the creditor and cannot be varied by an act of his. The contract is made for the creditor, and - for his benefit,…
2Cases cited4 opinions
- Aspinwall v. . SacchiNew York Court of Appeals · 1874
- Armitage v. . PulverNew York Court of Appeals · 1868
- Mills v. HydeSupreme Court of Vermont · 1846
- Bonham v. GallowayIllinois Supreme Court · 1851
3Cited by16 opinions
- Case v. McKinnisOregon Supreme Court · 1923
- Owings v. RoseOregon Supreme Court · 1972
- In re TooleCourt of Appeals for the Second Circuit · 1921
- Lex v. Selway Steel CorporationSupreme Court of Iowa · 1925
- Gardner v. BeanUtah Supreme Court · 1984
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