Legal Opinion

Murphy v. Panter

Oregon Supreme Court

Decided July 16, 1912PublishedCited by 14 opinions

From Coos: John S. Coke, Judge. Statement by Me. Justice Bean. This is an action by W. H. Murphy against Thomas W. Panter, William A. Panter and William R. Panter.

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From Coos: John S. Coke, Judge. Statement by Me. Justice Bean. This is an action by W. H. Murphy against Thomas W. Panter, William A. Panter and William R. Panter. The complaint alleges, in substance, that on May 1, 1908, at Bandon, Oregon, the three defendants, for a valuable consideration, made, executed, and delivered to Tillman & Bendel of San Francisco, California, their promissory note for the sum of $3,079.49, with interest at 8 per cent per annum, payable in 10 equal installments, the first installment to be paid on or before May 30, 1908, and the remaining installments on each and…

1Opinion of the CourtJustice Bean

At the time of the execution of the note, Panter Bros, had been doing business at Bandon, Oregon, for about three years. Their account with Tillman & Bendel had become somewhat large and overdue. William R. Panter signed the note in question as a joint maker, for the purpose of obtaining an extension of time and credit for his sons.

1. The negotiable instruments law defines what constitutes an accommodation maker, and specifies how negotiable instruments may be discharged. Section 5862, L. O. L., is as follows:

“An accommodation party is one who has signed the instrument as maker, drawer,…

2Cases cited8 opinions

  1. Cellers v. MeachemOregon Supreme Court · 1907
  2. Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
  3. Willis v. HolmesOregon Supreme Court · 1895
  4. Conselyea v. . SwiftNew York Court of Appeals · 1886
  5. Wolffe v. NallSupreme Court of Alabama · 1878

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

3Cited by14 opinions

  1. Stillwell v. HillOregon Supreme Court · 1917
  2. William James Sons Co. v. HutchinsonWest Virginia Supreme Court · 1916
  3. Continental Mutual Savings Bank v. ElliottWashington Supreme Court · 1932
  4. First State Bank v. WilliamsCourt of Appeals of Kentucky · 1915
  5. Farmers' State Bank v. ForsstromOregon Supreme Court · 1918

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

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