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JOHN v. GARDINER

454 P.2d 648 (1969)

Lester M. JOHN and John R. Hand, Respondents, v. June R. GARDINER, Administratrix of the Will of James C. Gardiner, Deceased, and June R. Gardiner, Administratrix Cta of the Will of James C. Gardiner, Deceased, and Frank Malina, Appellants.

Supreme Court of Oregon, Department 1.

Decided May 16, 1969.

Attorney(s) appearing for the Case

Norman L. Lindstedt, Portland, argued the cause for appellant Frank Malina. With him on the brief were Buss, Laichner, Lindstedt, Rose & Barker, Portland.

R. Alan Wight, Portland, argued the cause for respondents. With him on the brief were King, Miller, Anderson, Nash & Yerke, Portland.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and LANGTRY, JJ.

O'CONNELL, Justice.

This is a suit brought by two accommodation endorsers of a promissory note against other endorsers on the note to compel the latter to contribute a proportionate share of the amount plaintiffs paid to the holder of the note. Defendant Gardiner filed a confession of judgment. Gardiner does not appeal. Defendant Malina (hereafter referred to as defendant) filed an answer consisting of a general denial, affirmative defenses, and a counterclaim. Plaintiffs...

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