Bank of California v. Union Packing Co.

Citations

• 60 Wash. 456
• 111 P. 573
• 1910 Wash. LEXIS 1071

Syllabus

<p>Guaranty — Construction—Liability. A written guaranty of advances to be made to a corporation covers a sum advanced upon the promissory note of the company, signed also by two others who were officers and stockholders of the company, the testimony showing that the money went to the credit of the company.</p> <p>Guaranty — Notice ok Acceptance — Necessity. No notice of acceptance, other than the performance of the consideration, is essential to a written guaranty of advances to be made to a corporation by a bank whereby the guarantors unconditionally agree to pay, and request the bank to advance the money, and reciting that “this is a continuing guaranty and requires no notice to us and is to-remain in force until canceled by notice in writing.”</p> <p>Guaranty — Construction—Liability—Costs. A guaranty of all advances to be made to a corporation covers attorney’s fees provided for in the note given for the moneys advanced.</p> <p>Actions — Parties—Joinder—Negotiable Instruments — Guarantors. The maker of a note and its guarantors under a written guaranty may be joined in one action.</p>