BUTLER v. UNITED PACIFIC INSURANCE CO.


509 P.2d 1184 (1973)

Lowell H. BUTLER, Appellant, v. UNITED PACIFIC INSURANCE CO., a Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 17, 1973.


Attorney(s) appearing for the Case

Edward V. O'Reilly, Eugene, argued the cause and filed a brief for appellant.

J. Terrence Bittner, Portland, argued the cause and filed a brief for respondent.


DENECKE, Justice.

Plaintiff recovered a judgment for fraud against an automobile dealer. The jury awarded both general and punitive damages. Plaintiff brought this present action against the dealer's surety to recover the amount of the judgment against the dealer. The trial court gave judgment for the amount of the general damages only. Plaintiff appeals.

The first issue is whether a surety on an automobile dealer's bond is liable for the punitive damages...

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