Watson v. McLench
Oregon Supreme Court
From Marion: GEORGE H. BURNETT, Judge. Statement by Mr. Chief Justice Moore. This is an action by Mary E. Watson, as administratrix with the will annexed of the estate of Mary A. McLench, deceased, against F. G. McLench to recover $1,658.30, the amount of three promissory notes, which sum it is alleged, the plaintiff’s testator, as surety for the defendant, was compelled to pay for him.
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From Marion: GEORGE H. BURNETT, Judge. Statement by Mr. Chief Justice Moore. This is an action by Mary E. Watson, as administratrix with the will annexed of the estate of Mary A. McLench, deceased, against F. G. McLench to recover $1,658.30, the amount of three promissory notes, which sum it is alleged, the plaintiff’s testator, as surety for the defendant, was compelled to pay for him. The complaint, so far as involved herein, states facts showing the defendant’s liability as the principal on the notes, copies of which are set out as the bases for three separate causes of action. The answer…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It is maintained that the new matter in the answer does not constitute a counterclaim; that, if the facts there set up form a defense to the cause of action stated in the complaint, the plea was equitable in character, which, as no cross-bill was interposed, was unavailing; and that as the only issue to be determined was whether or not Mrs. McLench, as a surety for the defendant, was compelled to pay the notes in question, which dispute was determined by the testimony according to the averments of the complaint, an error was committed in refusing to direct…
2Cases cited3 opinions
- Ametrano v. . DownsNew York Court of Appeals · 1902
- Graham v. BurchSupreme Court of Minnesota · 1891
- Le Clare v. ThibaultOregon Supreme Court · 1902
3Cited by9 opinions
- Van Vlack v. Van VlackOregon Supreme Court · 1947
- Chance v. CarterOregon Supreme Court · 1916
- Brown v. HellerNew Mexico Supreme Court · 1924
- Hult v. EbingerOregon Supreme Court · 1960
- Hammer v. Campbell Gas Burner Co.Oregon Supreme Court · 1914
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