Donnerberg v. Oppenheimer

Citations

• 15 Wash. 290
• 46 P. 254
• 1896 Wash. LEXIS 180

Syllabus

<p>NEGOTIABLE INSTRUMENTS — GUARANTY — INDORSEMENT — PRINCIPAL AND SURETY — DISCHARGE OP SURETY — PRESENTMENT OP CLAIMS AGAINST ESTATE — ESTOPPEL.</p> <p>The failure to present a claim to the trustees of a testator’s estate within one year after their appointment and qualification under the will is no bar to an action on the claim when no notice to present claims has ever been published by the trustees.</p> <p>Where it has been stipulated between parties to an action that prior to its commencement plaintiff had duly presented the note in issue to defendants and demanded payment of them, as the personal representatives of certain decedents who had guaranteed its payment, no question can be raised on the trial as to the want of an affidavit of the justness of the claim.</p> <p>That a promissory note was obtained after maturity without any consideration is no defense to an action thereon by the holder, when the note had been transferred before maturity to parties other than plaintiff, who were holders in good faith and for value, and plaintiffs’ title had been acquired through such bona fide holders.</p> <p>A written guaranty upon the back of a promissory note signed by the payee and another constitutes an endorsement of the note with an enlarged liability when the note has been transferred to other parties.</p> <p>The failure to present a claim under a contract of guaranty to the representatives of the estate of the principal guarantor does not effect a discharge of a surety on the guaranty, inasmuch as such omission cannot be construed as a release of the principal by the affirmative act of the creditor.</p> <p>Under Code Proc., § §704, 1042, providing for the survival of certain causes of action, the death of a surety before the principal will not operate as a discharge of the former’s liability.</p>