Rose v. Wollenberg
Oregon Supreme Court
From Douglas: J. C. Fullerton, Judge. The facts out of which this case arose are in effect as follows: On June 21,1892, the plaintiff and defendant became sureties upon the official bond of one V. L. Arrington who had theretofore been elected treasurer of Douglas County.
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From Douglas: J. C. Fullerton, Judge. The facts out of which this case arose are in effect as follows: On June 21,1892, the plaintiff and defendant became sureties upon the official bond of one V. L. Arrington who had theretofore been elected treasurer of Douglas County. Arrington defaulted, and on December 23, 1893, judgment was taken against him and his bondsmen, which was satisfied by plaintiff and defendant each paying one half or $11,828.65. As touching the contractual relation of the parties with each other, the plaintiff alleges “ That at the time plaintiff and defendant so became such…
1Opinion of the CourtJustice Wolverton
The question presented by this record is, whether the alleged agreement between the plaintiff and defendant “ that the liability of plaintiff should be a one third proportion and that of the defendant should be *273a two thirds proportion of any liability that might occur under said bond to said sureties,” not having been entered into in writing, is within the statute of frauds and perjuries, and therefore void; and, if not, another question arises, and that is whether the evidence presents a prima facie case sufficient to go to the jury. It is settled by Durbin v. Kuney, 19 Or. 71 (23 Pac. 661),…
2Cases cited29 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Mallory v. . GillettNew York Court of Appeals · 1860
- Chapin v. MerrillNew York Supreme Court · 1830
- Barry v. . RansomNew York Court of Appeals · 1855
- Vanbebber v. PlunkettOregon Supreme Court · 1895
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3Cited by11 opinions
- Kladivo v. MelbergSupreme Court of Iowa · 1929
- Blake-McFall Co. v. PortlandOregon Supreme Court · 1913
- Alphin v. LowmanSupreme Court of Virginia · 1913
- Peterson v. CreasonOregon Supreme Court · 1905
- Rose v. WollenbergOregon Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.