Fischer v. Gaither
Oregon Supreme Court
From Lincoln: J. C. Fullerton, Judge. Action at law by H. F. Fischer against several persons to compel contribution. A demurrer to the complaint was sustained, and this appeal ensued.
1Opinion of the CourtChief Justice Moore
This cause was instituted by H. F. Fischer against Beal Gaither, T. H. Horning, B. F. Jones, J. J. Gaither, Alfred Stanton, Peter McDougal, and William J. Wade, to compel contribution by solvent co-sureties. The plaintiff alleges, in substance, that on February 17,11891, Beal Gaither, as principal, and the other defendants and himself, as sureties, executed to one I. it. Dawson their joint and several promissory note for $5,681.50, payable in one year from that date, with interest thereon after maturity at the rate of 10 per .cent, per annum; that on February 19, 1892, he was compelled to and…
2Cases cited19 opinions
- Chipman v. Morill & WebsterCalifornia Supreme Court · 1862
- Easterly v. . BarberNew York Court of Appeals · 1876
- Gross v. DavisTennessee Supreme Court · 1889
- Bradley v. BurwellNew York Supreme Court · 1846
- Van Petten v. RichardsonSupreme Court of Missouri · 1878
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3Cited by5 opinions
- Spores v. MaudeOregon Supreme Court · 1916
- Jesse Et Ux. v. Birchell Et Ux.Oregon Supreme Court · 1953
- Thompson v. HibbsOregon Supreme Court · 1904
- Davis v. First Nat. BankOregon Supreme Court · 1916
- Johnson v. CurlOregon Supreme Court · 1934