Kendall v. Parker

Citations

• 103 Cal. 319
• 37 P. 401
• 1894 Cal. LEXIS 772

Syllabus

<p>Non-negotiable Note—Stipulation Fob Attorney’s Fee.—A note containing a stipulation for an attorney’s fee, in case of suit thereon, is not negotiable.</p> <p>Id .—Definition of Promissory Note—Contingent Additions.—A promissory note is a written engagement to pay absolutely and unconditionally a certain sum of money, whether the note be negotiable or non-negotiable; and an instrument is not a promissory note when there are contingent additions thereto.</p> <p>Id.—Indorsement in Blank—Liability of Indorser to Second Indorsee.—When the payee of a non-negotiable note, having a stipulation for an attorney’s fee, in case of suit, transfers the same by simply indorsing it in blank, he does not become liable as an indorser to the indorsee of his indorsee.</p> <p>Id.—Conditional Guaranty.—Independently of statute law there is no custom or rule of law which can add a conditional guaranty of payment to the assignment in blank of a non-negotiable note.</p>