Montgomery v. Page
Oregon Supreme Court
From Multnomah: Hartwell Hurley, Judge. This is an action by James B. Montgomery against Charles H. Page to enforce contribution.
Read the full summary
From Multnomah: Hartwell Hurley, Judge. This is an action by James B. Montgomery against Charles H. Page to enforce contribution. It is the outgrowth of the conditions attending the execution and delivery of a certain promissory note, dated July fourteenth, eighteen hundred and ninety-two, calling for three thousand dollars, payable in sixty days, with interest, to the Security Savings and Trust Company, signed “H. M. Montgomery and Company, Henry M. Montgomery, James B. Montgomery by W. L. Boise his Attorney in Fact, Charles PI. Page,” and bearing the following indorsement: “For value…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. Plaintiff offered evidence of a verbal agreement with defendant of the nature set forth in his complaint, which was allowed by the court over the objections of defendant; and this constitutes the principal ground of error relied upon for reversal. This presents the question whether a person who, for the accommodation of the maker of a promissory note, guarantees the payment thereof by indorsement, waiving protest, demand, and notice of *323nonpayment, before delivery, can be shown to be a cosurety with one who signed upon the face as a joint and several maker,…
2Cases cited21 opinions
- Taylor v. BenhamSupreme Court of the United States · 1847
- McDonald v. MagruderSupreme Court of the United States · 1830
- Barry v. . RansomNew York Court of Appeals · 1855
- McCune v. BeltSupreme Court of Missouri · 1869
- Easterly v. . BarberNew York Court of Appeals · 1876
16 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
- Noble v. Beeman-Spaulding-Woodward Co.Oregon Supreme Court · 1913