Chafoin v. Rich
California Supreme Court
Appeal from a judgment of the Superior Court of San Mateo County. The action was brought upon a joint note for the sum of four thousand dollars, payable three months after date, executed by A. G. Rich and Michael Dubs, to Martin Chafoin, June 16, 1883. The defendant Dubs pleaded that he signed the note as surety for Rich, with the knowledge and consent of plaintiff, and that the plaintiff had failed and neglected to notify the defendant of the non-payment of the note by Rich…
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Appeal from a judgment of the Superior Court of San Mateo County. The action was brought upon a joint note for the sum of four thousand dollars, payable three months after date, executed by A. G. Rich and Michael Dubs, to Martin Chafoin, June 16, 1883. The defendant Dubs pleaded that he signed the note as surety for Rich, with the knowledge and consent of plaintiff, and that the plaintiff had failed and neglected to notify the defendant of the non-payment of the note by Rich until February, 1884, and did not demand payment of defendant until July, 1884. The defendant Dubs recovered judgment…
1Opinion of the Court
Belcher, C. C.
The question presented for decision in this case is this: If a promissory note is executed by two persons as apparent makers, but one of them is in fact a surety for the other, and is known to be such by the payee, must the payee, in order to fix the liability of the surety, present the note and demand payment thereof from the principal at or about the time of its maturity, *477and promptly give notice to the surety of its non-payment ? or in other words, has the surety the rights and liabilities of an indorser?
Before the adoption of the codes, it was held that one who signed his…
2Cases cited9 opinions
- Riggs v. WaldoCalifornia Supreme Court · 1852
- Aud v. MagruderCalifornia Supreme Court · 1858
- Jones v. GoodwinCalifornia Supreme Court · 1870
- Dane v. CorduanCalifornia Supreme Court · 1864
- Damor v. PardowCalifornia Supreme Court · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Treweek v. HowardCalifornia Supreme Court · 1895
- Chafoin v. RichCalifornia Supreme Court · 1891
- Southern California National Bank of Los Angeles v. WyattCalifornia Supreme Court · 1891