HEMENWAY v. MILLER

No. 56430-2.

116 Wn.2d 725 (1991)

807 P.2d 863

ROBERT W. HEMENWAY, ET AL, Respondents, v. MARGARET MILLER, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

As amended by order June 10, 1991.


Attorney(s) appearing for the Case

Breskin & Robbins and Arnold B. Robbins, for petitioners.

Robert A. Wolle, for respondents.


[Dissent amended by order of the Supreme Court June 10, 1991.]

BRACHTENBACH, J.

This is an action by the original makers of a promissory note who claim they became sureties by operation of law when a third party assumed the obligation to pay the note. The makers of the note allege that the payee of the note, their creditor, allowed the creditor's security interest in collateral to lapse, thereby impairing the makers' recourse to that collateral. The trial...

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