Ford v. Hendricks
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. This was an action upon a promissory note, made by defendant Hendricks, and indorsed by defendant Reed. The note and indorsement were in the following words : “$1,720. Pacheco, April 8, 1862. “ One day after date I promise to pay to the order of Alvin Ford seventeen hundred and twenty dollars, for value received, with interest at two per cent per month till paid. “W. T. Hendricks.”
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Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. This was an action upon a promissory note, made by defendant Hendricks, and indorsed by defendant Reed. The note and indorsement were in the following words : “$1,720. Pacheco, April 8, 1862. “ One day after date I promise to pay to the order of Alvin Ford seventeen hundred and twenty dollars, for value received, with interest at two per cent per month till paid. “W. T. Hendricks.” “I hereby waive demand, notice of non-payment and protest. Zelotes Reed.” The defense on the part of Reed was want of consideration…
1Opinion of the Court
By the Court, Sanderson, J.:
As to the relation of Reed—whether it be that of maker, indorser or guarantor—there is much conflict of authority; but, under the settled rule in this State, he must be regarded as a guarantor. (Riggs v. Waldo, 2 Cal. 485; Pierce v. Kennedy, 5 Cal. 138; Brady v. Reynolds, 13 Cal. 31; Geiger v. Clark, 13 Cal. 579.)
It is equally well settled in this State that the promise of a guarantor is not within the Statute of Frauds if made before the delivery of the note. (Riggs v. Waldo, supra; Evoy v. Tewksbury, 5 Cal. 285; Jones v. Post, 6 Cal. 102; Hazeltine v. Larco, 7…
2Cases cited8 opinions
- Riggs v. WaldoCalifornia Supreme Court · 1852
- Jones v. PostCalifornia Supreme Court · 1856
- Hazeltinte v. LarcoCalifornia Supreme Court · 1857
- Otis v. HaseltineCalifornia Supreme Court · 1864
- Pierce v. KennedyCalifornia Supreme Court · 1855
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3Cited by5 opinions
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- Fessenden v. SummersCalifornia Supreme Court · 1880
- Crooks v. TullyCalifornia Supreme Court · 1875
- Loustalot v. CalkinsCalifornia Supreme Court · 1898
- Kealing v. VansickleIndiana Supreme Court · 1881