Williams v. Pacific Surety Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is an action by F. F. Williams against the Pacific Surety Company, a corporation, the Oregon-Idaho Company, a corporation, and A. H. Ford, the facts being as follows: In August, 1910, the defendant Oregon-Idaho Company, a corporation, entered into a written contract with A. H. Ford and F. F. Williams, the plaintiff in this action, whereby they agreed to furnish said Ford and the plaintiff…
Read the full summary
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is an action by F. F. Williams against the Pacific Surety Company, a corporation, the Oregon-Idaho Company, a corporation, and A. H. Ford, the facts being as follows: In August, 1910, the defendant Oregon-Idaho Company, a corporation, entered into a written contract with A. H. Ford and F. F. Williams, the plaintiff in this action, whereby they agreed to furnish said Ford and the plaintiff 200,000,000 feet of saw-logs at the agreed price of $7 per thousand feet, the time and manner of said delivery being set forth…
1Opinion of the CourtJustice McBride
This appeal presents but one question: Can the plaintiff bring this action without joining his co-obligee in the bond as a plaintiff?
1. At common law a joint obligee could not sue in his own name, but could join his co-obligee as plaintiff even against his remonstrance by giving a bond to save him harmless from costs. The same rule prevailed in many of the states, and especially prior to the adoption of code procedure: 1 Chitty, Pl. 11; Petrie v. Bury, 3 Barn. & C. 353; Vernon v. Jeffreys, 2 Stra. 1146; Ingham Lumber Co. v. Ingersoll Co., 93 Ark. 447 (125 S. W. 139, 20 Ann. Cas. 1002); Gray…
2Cases cited2 opinions
- Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
- Darling v. SimpsonSupreme Judicial Court of Maine · 1838
3Cited by28 opinions
- Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
- State v. WaterhouseOregon Supreme Court · 1957
- State v. ChaseOregon Supreme Court · 1922
- Coblentz v. State Industrial Accident CommissionOregon Supreme Court · 1955
- American Timber & Trading Co. v. First National BankOregon Supreme Court · 1972
23 more not listed; retrieve them via the Exa API.