McCray Refrigerator Co. v. Uramoto

OPINION

By the Court,

Badt, C. J.:

When a witness attests the signature of a guarantor on a guaranty of payment for equipment to be delivered to a purchaser, knowing that the seller would not deliver the equipment without such attestation, and the signature on the guaranty proves to be a forgery, with a resulting loss to the seller, may the seller recover the loss from the attesting witness? The learned trial judge, trying the case without a jury, under the facts recited infra, answered this question in the negative, and the seller has appealed.

As described in the trial judge’s opinion, the…