Aud v. Magruder
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Tuba. This was an action on a joint and several promissory note, executed by George Rowe and the respondent, Lloyd Magruder, and delivered to the appellant. Suit was brought against both Rowe and Magruder. The defendants filed separate answers.
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Appeal from the District Court of the Tenth Judicial District, County of Tuba. This was an action on a joint and several promissory note, executed by George Rowe and the respondent, Lloyd Magruder, and delivered to the appellant. Suit was brought against both Rowe and Magruder. The defendants filed separate answers. Rowe pleaded his discharge under the Insolvent Law, and Magruder set up, as a defence, that his liability on the note was only secondary; that the same appeared on the face of the note; that he was only a surety, and that payment had not been demanded of Rowe at the maturity of…
1ConcurrenceField, J.
This record presents the question whether a joint maker of a promissory note, signing it as surety, is entitled to demand and notice before he can be held to pay it. We state the proposition in this simple form; for, though some technical objections are interposed to the mode of proof, we do not think it necessary to notice them.
An unvarying current of decisions in other States, and the well-settled doctrine of the English Courts, places the obligation of the surety in such cases upon the footing foan original promise; and such, we apprehend, has been the understanding of the *289profession and…
2Cases cited3 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Humphreys v. CraneCalifornia Supreme Court · 1855
- Bryan v. BerryCalifornia Supreme Court · 1856
3Cited by13 opinions
- Kimball v. Grantsville CityUtah Supreme Court · 1899
- Dow v. LillieNorth Dakota Supreme Court · 1914
- Rottman v. HevenerCalifornia Court of Appeal · 1921
- CIT Corporation v. PanacCalifornia Supreme Court · 1944
- California National Bank v. GintyCalifornia Supreme Court · 1895
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