Nadstanek v. Trask

The parties to this litigation agree that under the common law the liability of a joint mater of a promissory note dies with his death before an action has been instituted to collect said joint obligation. Such was the holding in McLaughlin v. Head, 86 Or. 361 (168 Pac. 614, L. R. A. 1918B, 303); Portland Trust Co. v. Havely, 36 Or. 234, 242 et seq. (59 Pac. 466, 61 Pac. 346); Pomeroy’s Code Remedies (5 ed.), §203; 13 C. J. 574, 575, § 558. See, also, 13 C. J. 574. Plaintiff insists that the common law in that regard was repealed by Section 379, Or. L. The language in Sections 378 and 379…