67 P. 513 | Or. | 1902
delivered the opinion.
This is an action to recover the sum of $100 on a promissory note, alleged to have been jointly and severally executed for value by the defendants April 28, 1893, to the plaintiff, payable six months thereafter, with interest at the rate of ten per cent per annum, upon which the interest had been paid to October 28, 1893. The defendants C. H. Sarver and George A. Hamilton filed an amended answer as follows: “Admit the execution and delivery of the note mentioned in the complaint, but deny that no other payment has been made thereon than $5, and deny that there is any sum due from these defendants thereon. For a further answer and separate'defense defendants allege that said note was given for a loan of money to Allen Simmons, who alone received the valuable consideration; that these defendants were merely sureties for said Allen Simmons, which fact was well known to plaintiff at the time of the delivery of said note; and that, notwithstanding said suretyship and such knowledge, the plaintiff, through his general agent, "VV. C. Johnson, for a valuable consideration, to wit, the sum of $2, by said Allen Simmons
It follows from this conclusion that the judgment is reversed, and the cause remanded for such further proceedings as may be necessary, not inconsistent with this opinion.
Reversed.