Legal Opinion

Jones v. Goodwin

California Supreme Court

Decided July 1, 1870No. 2,382PublishedCited by 11 opinions

Appeal from the District Court of the Seventh District, Solano County. The facts are stated in the opinion.

1Opinion of the CourtTemple, J.

The defendant, Wilcox, signed his name in blank upon the back of the note and before the delivery of the same. After the note became due, but too late to charge Wilcox; as indorser, demand was made for payment, and upon its refusal, notice given to Wilcox. It is claimed that the failure to make demand and give notice in time discharged defendant, Wilcox.

A great diversity of opinion exists as to the nature of the liability of one not being a party who indorses his name in blank upon a note before delivery. In England he is held *494to be a guarantor, and his contract is, that the maker of the…

2Cases cited1 opinion

  1. Riggs v. WaldoCalifornia Supreme Court · 1852

3Cited by11 opinions

  1. Rothschild v. GrixMichigan Supreme Court · 1875
  2. First National Bank v. BabcockCalifornia Supreme Court · 1892
  3. Fessenden v. SummersCalifornia Supreme Court · 1880
  4. Salisbury v. First National BankNebraska Supreme Court · 1893
  5. Titus v. WoodsCalifornia Court of Appeal · 1920

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