Geiger v. Clark
California Supreme Court
Appeal from the Twelfth District. The note sued on was made by Taylor, one of the defendants, to the order of plaintiff. The guaranty, as stated in the opinion, was made by defendants, Clark & Beckh, on the face of the note, at the time of its execution by Taylor. Plaintiff appeals.
1Opinion of the CourtBaldwin, J.
Terry, C. T. concurring.
Suit brought on a guaranty of a promissory note. “ For value received, wo guaranty the payment of the within note.” Mo averment of demand or notice is made in the complaint; the defendants demurred. The Court sustained the demurrer, and the question is, whether this guaranty is an unconditional obligation to pay the amount of the note.
The authorities are conflicting in other States, and the ablest jurists are divided in opinion upon the question. Probably, in number, the preponderance is in favor of the rule of conditional *580liability, though it may well be questioned if…
2Cases cited1 opinion
- Pierce v. KennedyCalifornia Supreme Court · 1855
3Cited by5 opinions
- Milroy v. QuinnIndiana Supreme Court · 1879
- German Savings Bank v. Drake Roofing Co.Supreme Court of Iowa · 1900
- Crooks v. TullyCalifornia Supreme Court · 1875
- Ford v. HendricksCalifornia Supreme Court · 1868
- Chafoin v. RichCalifornia Supreme Court · 1888