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OLSHEN v. KAUFMAN

235 Or. 423 (1963)

385 P.2d 161

OLSHEN v. KAUFMAN ET AL

Supreme Court of Oregon.

Reargued March 4, 1963.

Affirmed September 5, 1963.

Petition for rehearing denied October 8, 1963.

Attorney(s) appearing for the Case

Paul R. Meyer, Portland, argued the cause for appellant. On the brief were Kobin & Meyer.

Carlton R. Reiter and Lewis B. Hampton, Portland, argued the cause for respondents. On the brief were Reiter, Day & Anderson and Lewis B. Hampton.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

This is an action to recover the balance owing on a check for $5,750 given to the plaintiff by the defendant Leonard I. Kaufman, Jr. The other defendant, Leon W. Behrman, is the guardian of the estate of Leonard I. Kaufman, Jr., a spendthrift. When the action was commenced the only defendant was Kaufman; the guardian was not made a defendant until after the case came on for trial.

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