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BINFORD v. L.W. LICHTENBERGER ESTATE

No. 40 908; CA A24119.

660 P.2d 1077 (1983)

62 Or.App. 439

Thomas BINFORD, Appellant, v. L.W. LICHTENBERGER ESTATE, Defendant, Mrs. L.W. (Lavon) Lichtenberger, Respondent.

Court of Appeals of Oregon.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Warde H. Erwin, Portland, argued the cause and filed the briefs for appellant.

Paul Gerhardt, Portland, argued the cause and filed the brief for respondent.

Before JOSEPH, C.J., and WARDEN and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Plaintiff, payee on a promissory note, sought recovery from the estate of the deceased maker of the note1 and from defendant, maker's wife, who also had signed the instrument. Defendant defended on the grounds that plaintiff had given the maker an extension on the note without her knowledge and that plaintiff had failed to make timely presentment. The trial court found that (1) plaintiff had agreed to forebear collection...

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