Partlow v. Singer
Oregon Supreme Court
Appeal from Clackmas County. Partlow commenced this action in the County Court of Clackamas county, against defendants, on a promissory note executed by defendants to him on the first day of April, 1859. The complaint sets out a payment of ten dollars on said note, March 25th, 1861; the suit was commenced March 25th, 1867. To this complaint, defendants, Charman & Warner, demurred on the grounds : 1st. That the action had not been commenced against the defendants, Charman &…
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Appeal from Clackmas County. Partlow commenced this action in the County Court of Clackamas county, against defendants, on a promissory note executed by defendants to him on the first day of April, 1859. The complaint sets out a payment of ten dollars on said note, March 25th, 1861; the suit was commenced March 25th, 1867. To this complaint, defendants, Charman & Warner, demurred on the grounds : 1st. That the action had not been commenced against the defendants, Charman & Warner, within the time limited by law; and 2d. That the complaint did not state facts sufficient to constitute a cause…
1Opinion of the CourtBoise, J.
From the statement of the case, the only question for determination by this court is, did the payment by Singer, made March 25, 1861, so renew the note as to take it out of the operation of the statute of limitations? Were our own statutes silent on this subject, we think there is no doubt that the weight of authority is that a payment on a note, by one of two joint makers, does not operate to renew the note as to the other joint obligor, who was not privy to the payment.
It has been held in New York that “there is no mutual agency between joint debtors by reason of their joint contract, which…
2Cases cited2 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Whitaker v. RiceSupreme Court of Minnesota · 1864
3Cited by12 opinions
- Stubblefield v. McAuliffWashington Supreme Court · 1898
- Cowhick v. ShingleWyoming Supreme Court · 1894
- Dundee Investment Co. v. HornerOregon Supreme Court · 1897
- Bergman v. BlyCourt of Appeals for the Eighth Circuit · 1895
- Ford v. SchallOregon Supreme Court · 1924
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