HARTFORD LIFE INS. CO. v. RANDALL

No. A7702-02142; SC 25567.

583 P.2d 1126 (1978)

HARTFORD LIFE INSURANCE COMPANY, a Massachusetts Corporation, Respondent, v. Robert D. RANDALL and Marcia H. Randall, Husband and Wife, Appellants.

Supreme Court of Oregon.

Decided September 12, 1978.


Attorney(s) appearing for the Case

Thomas A. Davis, of Benson, Arenz, Lucas & Davis, Portland, argued the cause and filed a brief for appellants.

David P. Weiner, of Samuels, Samuels, Yoelin & Weiner, Portland, argued the cause and filed a brief for respondent.

Before HOLMAN, P.J., and TONGUE, HOWELL, BRYSON, LENT and LINDE, JJ.


HOLMAN, Justice.

This is an action brought by plaintiff seeking a judgment for past due payments on a promissory note executed by defendants and secured by an encumbrance on real property. Defendants filed counter-claims requesting damages caused to defendants by plaintiff's refusal to allow the note to be satisfied prior to the time permitted by the provisions of the note. Plaintiff moved for summary judgment which was granted and defendants appeal.

The provision...

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