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AMERICAN NAT. BANK OF DENVER v. TONKIN

No. A7603 03234; SC 25467.

592 P.2d 1008 (1979)

286 Or. 73

AMERICAN NATIONAL BANK OF DENVER, Respondent, v. M.R. TONKIN, Appellant.

Supreme Court of Oregon, Department 2.

Decided April 3, 1979.

Attorney(s) appearing for the Case

Don H. Marmaduke, Portland, argued the cause for appellant. With him on the briefs were Barbee B. Lyon, John E. Frohnmayer, and Tonkon, Torp & Galen, Portland.

William B. Crow, Portland, argued the cause for respondent. With him on the brief were Clifford N. Carlsen, Jr., and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Before DENECKE, C.J., and TONGUE, BRYSON and LINDE, JJ.

BRYSON, Justice.

Plaintiff brought this action against defendant, guarantor of a loan, based on a written guaranty agreement. Defendant guarantor alleged several affirmative defenses. Trial was had before a jury, but the trial court held that plaintiff was entitled to judgment as a matter of law.1

Defendant's first two assignments of error involve defendant's affirmative defense that execution of the guaranty agreement was induced...

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