Rusk v. Johnston

BISHOP, J., pro tem.

Out of the conflicting evidence the finding emerges that D. Johnston’s guaranty of a note and trust deed, on which plaintiffs seek recovery, was given without consideration and hence will not bear the burden of a judgment.

The real conflict in the case centered around the question: Was the guaranty either given or promised before the note transaction was completed, or was it afterward ? The trial court found, among other things, that the guaranty “was executed and delivered without any consideration”. Under the circumstances this finding was one of an ultimate fact, not a…