McLaughlin v. Head
Oregon Supreme Court
From Gilliam: David R. Parker, Judge. Action by Rachel E. McLaughlin against William Head upon a joint note signed by J. C. Lewis and the. defendant. A demurrer was interposed and being overruled the defendant declined to further plead and from the resulting judgment appealed. In Banc. Statement by Mr. Chief Justice McBride. This is an action to recover a balance due upon a promissory note.
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From Gilliam: David R. Parker, Judge. Action by Rachel E. McLaughlin against William Head upon a joint note signed by J. C. Lewis and the. defendant. A demurrer was interposed and being overruled the defendant declined to further plead and from the resulting judgment appealed. In Banc. Statement by Mr. Chief Justice McBride. This is an action to recover a balance due upon a promissory note. The facts are as follows: On February 1,1908, J. 0. Lewis and William Head executed, in favor of the plaintiff, their promissory note for $400 with interest at 8 per cent per annum, payable one year after…
1Opinion of the Court
Opinion by
Mr. Chiee Justice McBride.
1, 2. The note was purely a joint one and not joint and several, and the administrator of Lewis was not liable and could not have been sued thereon: 8 Corpus Juris, 851; 9 Cyc. 653; 6 R. C. L. 880; Portland Trust Co. v. Havely, 36 Or. 234 (59 Pac. 466, 61 Pac. 346). The administrator of Lewis took his estate absolutely unencumbered by this debt, and he could not revive it or in effect create a new obligation by making an unlawful payment upon an obligation from which the estate had been discharged. In this respect he was a mere volunteer without any…
2Cases cited6 opinions
- Sutherlin v. RobertsOregon Supreme Court · 1873
- Partlow v. SingerOregon Supreme Court · 1868
- Portland Trust Co. v. HavelyOregon Supreme Court · 1899
- Scott v. ChristensonOregon Supreme Court · 1907
- Sheak v. WilburOregon Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Board of Trustees of the Western Conference of Teamsters Pension Trust Fund v. H.F. Johnson, Inc.Court of Appeals for the Ninth Circuit · 1987
- Ford v. SchallOregon Supreme Court · 1924
- Nadstanek v. TraskOregon Supreme Court · 1929
- Board Of Trustees Of The Western Conference Of Teamsters Pension Trust Fund v. H.F. Johnson, Inc.Court of Appeals for the First Circuit · 1987