Seckinger v. Exchange Bank

1. The provision in section 3546 of the Civil Code (1910), relative to discharge of a surety, guarantor, or indorser of a promissory note on failure of the creditor, after notice from the surety, guarantor, or indorser, to bring suit against the principal within a required time, that “no notice shall be considered a compliance with the requirements of this section which does not state the county of the principal’s residence,” requires actual notice. Constructive notice, if there be any, arising by virtue of an act of the legislature incorporating a city, that the city is in a particular…