Hemenway v. Miller

116 Wn.2d 725 (1991)

807 P.2d 863

ROBERT W. HEMENWAY, ET AL, Respondents,

v.

MARGARET MILLER, ET AL, Petitioners.

No. 56430-2.

The Supreme Court of Washington, En Banc.

April 4, 1991.

As amended by order June 10, 1991.

Breskin & Robbins and Arnold B. Robbins, for petitioners.

Robert A. Wolle, for respondents.

[Dissent amended by order of the Supreme Court June 10, 1991.]

BRACHTENBACH, J.

This is an action by the original makers of a promissory note who claim they became sureties by operation of law when a third party assumed the obligation to pay the note. The makers of the note allege that the payee of…