Findley v. Hill
Oregon Supreme Court
Appeal from Polk County. This was an action on a promissory note, which is in the following words and figures, to wit: “Buena Vista, February 20, 1878. “ On or before January 1, 1879, I promise to pay to W. R. Findley, or order, the sum of one hundred and nine dollars, with interest at one per cent, per month, from date until paid, for value received. (Signed) “H. Taylor Hill, “M. Scrafford.” Hill failed to answer, and was defaulted.
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Appeal from Polk County. This was an action on a promissory note, which is in the following words and figures, to wit: “Buena Vista, February 20, 1878. “ On or before January 1, 1879, I promise to pay to W. R. Findley, or order, the sum of one hundred and nine dollars, with interest at one per cent, per month, from date until paid, for value received. (Signed) “H. Taylor Hill, “M. Scrafford.” Hill failed to answer, and was defaulted. Scrafford answered, admitting the execution of the note, but pleads in avoidance of his liability to pay the same, that he signed said note as surety only of…
1Opinion of the Court
By the Court,
Prim, J.:
The defense set up in the separate answer of the appellant is, that he signed the note upon Avhich the action is based, as surety only of the defendant Hill, and that the respondent had full knowledge of that fact at the time said note was executed, although the word ‘ ‘ surety” Avas not appended to his signature. That the respondent, Avithout the assent of the appellant and against his protest, entered into an agreement Avith the defendant Hill, by the terms of Avkicli the said Hill should have an extension of time for the payment of the note until after the haiwest of…
2Cases cited3 opinions
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