Dow v. Nason

Citations

• 4 Cal. Unrep. 865
• 38 P. 54
• 1894 Cal. LEXIS 1262

Syllabus

<p>Note—Payment by Payee—Effect on Maker’s Liability.—The payee of a note, in order to be able to have it discounted, induced another person to indorse it. An extension note, which was signed by the surety, but not by the maker, was paid, for the benefit of the surety, by the payee of the original note; and both notes-were marked “Paid,” and delivered to him. Held, that such payment did not extinguish the original maker’s liability, as it was not by a mere volunteer.</p>