City of Seattle v. L. H. Griffith Realty & Banking Co.

The opinion of the court was delivered by

Fullerton, J.

— The appellant, the city of Seattle, sued the respondent and others upon a promissory note. The respondent answered to the effect that he signed the note as surety upon the express understanding and agreement with his principal, of which the city had knowledge, that the same was not to he delivered to the city, or to become of *606force and effect, until certain other persons named signed the same as sureties; that the other persons named failed or refused to- sign the note, and that the note was delivered to the city in violation of the…