GREGORY v. PORTERFIELD

No. 1 CA-CIV 2884.

26 Ariz. App. 353 (1976)

548 P.2d 847

Julie Ann GREGORY, Administratrix with Will Annexed of the Estate of J.B. Donaldson, Deceased, and Freeda Knutsen, Appellants, v. Charles L. PORTERFIELD and Ruth E. Porterfield, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied May 26, 1976.

Review Denied June 22, 1976.


Attorney(s) appearing for the Case

Norling, Rolle, King & Oeser by James B. Rolle, III, Phoenix, for appellants.

Sundberg & Mousel by Gary Sundberg, Phoenix, for appellees.


OPINION

OGG, Judge.

This appeal questions whether a debtor who has paid the debt can enforce contribution against his co-debtor where the statute of limitations has run on the judgment obtained by the original creditor.

The appellants/plaintiffs and appellees/defendants were stockholders in an Arizona corporation known as Penguin Motor Hotels, Inc. Both plaintiffs and defendants were among a group of thirteen guarantors for loans that were made to...

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