Howland v. Aitch
Citations
- 38 Cal. 133
- 1869 Cal. LEXIS 123
Syllabus
<p>Fkauds, Statute of. —It is well settled in this State that the promise of a guarantor of a note is not within the Statute of Frauds, if made before the delivery of the note.</p> <p>ídem.—But that fact is not the test as to whether the guaranty is an original contract or not. The true test is, Were the promises of the principal'debtor and of the guarantor parts of one and the same original transaction ? Thus, where three days after the execution and delivery of a promissory note from A. to H., T. indorsed thereon, in pursuance of a previous agreement, “I guarantee the payment of the within note,” upon the faith of which previous agreement H. had sold and delivered to A. certain horses. Held, that said indorsement was not within the Statute of Frauds.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a county board of commissioners did not render a quasi-judicial decision in denying a conditional use permit for construction of a shopping center
- rejecting contention that certiorari was the exclusive remedy for reviewing the county commission’s denial of a conditional use permit
- rejecting contention that certiorari was the exclusive remedy for reviewing the county commission's denial of a conditional use permit
- rejecting the contention that the proper method to appeal the denial of a conditional use permit was a petition for certiorari because “the board of commissioners was not acting as a judicial body, and it did not render a judicial or quasi-judicial judgment”
- rejecting the contention that the proper method to appeal the denial of a conditional use permit was a petition for certiorari because “the board of commissioners was not acting as a judicial body, and it did not render a judicial or quasi-judicial judgment”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rhodes
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