Sheak v. Wilbur
Oregon Supreme Court
From Union: Robert Eakin, Judge. Action by J. K. Sheak against E. J. Wilbur, M. S. Block and Ben W. Grandy. From a judgment for plaintiff, defendant Grandy appeals.
1Opinion of the CourtChief Justice Bean
This action was commenced November 28, 1904, to recover on a promissory note executed by the defendants Wilbur, Block and Grandy on March 24, 1893, due four months after date. Wilbur was adjudged a bankrupt by the federal court in August, 1898. On the 30th of November following a payment of $28.09 was made on the note in suit by his trustee, and the sole question for decision is whether such payment will toll the statute of limitations as to the other makers of the note. Ever since the enactment in 1623 of St. 21 Jac. 1, c. 16, placing limitations upon personal actions, which statute has been…
2Cases cited11 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Cross v. AllenSupreme Court of the United States · 1891
- Stubblefield v. McAuliffWashington Supreme Court · 1898
- Cowhick v. ShingleWyoming Supreme Court · 1894
- Dundee Investment Co. v. HornerOregon Supreme Court · 1897
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3Cited by4 opinions
- Ford v. SchallOregon Supreme Court · 1924
- McLaughlin v. HeadOregon Supreme Court · 1917
- Scott v. ChristensonOregon Supreme Court · 1907
- Berry Dry Goods Co. v. JonesSupreme Court of Oklahoma · 1936