Allen v. Chambers

Citations

• 13 Wash. 327
• 43 P. 57
• 1895 Wash. LEXIS 96

Syllabus

<p>SURETYSHIP — TRIAL OF QUESTION — NEGOTIABLE INSTRUMENTS —ACTION AGAINST INDORSERS — PAROL EVIDENCE — CONSIDERATION.</p> <p>The provisions of Code Proc., §§ 756-759, respecting the rights of sureties and providing that when an action is brought against two or more defendants upon a contract, any one or more of the defendants being surety for the others, the surety may, upon a written application to the court, cause the question of suretyship to be tried and determined, have no application to an action brought against the indorsers upon a promissory note by the holder thereof, without joining the maker, and the question of suretyship cannot be raised by answer in such action.</p> <p>The holder of a negotiable promissory note may bring an action thereon against the indorsers without the principal, and the indorsers cannot require him to proceed against the maker.</p> <p>Parol evidence is inadmissible to vary the implied contract arising from the absolute indorsement and delivery of a negotiable promissory note for the purpose of showing that the liability of the indorsers was that of sureties instead of indorsers.</p> <p>Want of consideration between the maker and indorsers of a negotiable promissory note is not a defense to an action thereon by the holder against the indorsers.</p>