Legal Opinion

Hunter v. Harris

Oregon Supreme Court

Decided November 26, 1912PublishedCited by 11 opinions

From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice Bean. This is an aciton by W. B. Hunter against D. H. Harris for contribution as co-surety on a note.

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From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice Bean. This is an aciton by W. B. Hunter against D. H. Harris for contribution as co-surety on a note. The complaint alleges, in substance, that Arthur D, Hulse, with plaintiff and defendant, executed to J. W. Cook their promissory note for the sum of $270, which plaintiff and defendant signed as accommodation makers, for the purpose of lending their names and giving credit to the instrument; that plaintiff signed his name on the face of the note; that defendant, in order to suit his convenience, placed his signature on the back of…

1Opinion of the CourtJustice Bean

The defendant, Harris, who was an apparent stranger to the note, signed the instrument on the back thereof, prior to its delivery, without receiving value therefor, and for the purpose of lending his name to Hulse. Under the plain definition in Section 5862, L. O. L., he was an *508accommodation party. So, also, was Hunter. For a determination of this case, we should, if possible, look to our negotiable instruments law, which was intended by the legislature to be a complete and comprehensive rule upon the subject. That act provides, in part, as follows: An accommodation party is one who has…

2Cases cited9 opinions

  1. Good v. MartinSupreme Court of the United States · 1877
  2. Rouse v. Wooten.Supreme Court of North Carolina · 1906
  3. Cellers v. MeachemOregon Supreme Court · 1907
  4. Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
  5. Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912

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3Cited by11 opinions

  1. Case v. McKinnisOregon Supreme Court · 1923
  2. Farmers' State Bank v. ForsstromOregon Supreme Court · 1918
  3. Oklahoma State Bank of Sayre v. SeatonSupreme Court of Oklahoma · 1918
  4. Anderson v. BorderMontana Supreme Court · 1926
  5. O'Neal v. StuartCourt of Appeals for the Sixth Circuit · 1922

6 more not listed; retrieve them via the Exa API.

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