White v. Savage
Oregon Supreme Court
From Marion: William Galloway, Judge. Suit for an injunction by M. M. White against Lewis Savage and others, resulting in a decree for plaintiff, from which the defendants appeal. Statement by Mr. Justice Hailey.
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From Marion: William Galloway, Judge. Suit for an injunction by M. M. White against Lewis Savage and others, resulting in a decree for plaintiff, from which the defendants appeal. Statement by Mr. Justice Hailey. This is a suit to restrain defendant Savage from prosecuting two actions against the plaintiff upon promissory notes, signed by plaintiff and his wife, since deceased, and to compel the defendant Savage to present his notes to the executors of the will of plaintiff’s wife for allowance, and for said executors to allow and pay them out of the estate. The amended complaint alleges in…
1Opinion of the CourtJustice Hailey
1. The facts alleged in the foregoing complaint are evidently intended to state a cause of suit to compel the creditor Savage to proceed against the estate of plaintiff’s wife as principal upon the notes in controversy, for. payment therefor, before coming against the plaintiff as surety thereon. This is not a ease where the plaintiff as surety claims to have been discharged in full or pro tanto by some act of the creditor detrimental to his rights as surety, as are the cases of Brown v. Rathburn, 10 Or. 158, and Hoffman v. Habighorst, 38 Or. 261 (63 Pac. 610). It is claimed that, the…
2Cases cited11 opinions
- P. J. Willis & Brother v. ChowningTexas Supreme Court · 1897
- Hoffman v. HabighorstOregon Supreme Court · 1901
- Keel v. LevyOregon Supreme Court · 1890
- Vredenburgh v. SnyderSupreme Court of Iowa · 1858
- Ray v. BrennerSupreme Court of Kansas · 1873
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3Cited by8 opinions
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
- Hunter v. HarrisOregon Supreme Court · 1912
- Baker v. Gaines Bros. Co.Supreme Court of Oklahoma · 1917
- Citizens' Bank v. KnudsonOregon Supreme Court · 1926
- Kerns v. RenshawSupreme Court of Oklahoma · 1933
3 more not listed; retrieve them via the Exa API.