Loustalot v. Calkins

Citations

• 120 Cal. 688
• 53 P. 258
• 1898 Cal. LEXIS 835

Syllabus

<p>Action upon Note—Joinder op Maker and Indorsers—Construction op Code.—Section 383 of the Code of Civil Procedure, providing that “persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes and sureties on the same or separate instruments, may all or any of them be included in the same action at the option of the plaintiff,” is to he liberally construed as permitting the joinder in an action upon the note of the maker and indorsers of the note, as being parties thereto within the meaning of that section.</p> <p>Id.—Indorsement—Guaranty.—Under section 3117 of the Civil Code “one who indorses a negotiable instrument before it is delivered to the payee is liable to the payee thereon as an indorser,” and a person may be both an indorser under that section, and also a guarantor upon the same note.</p> <p>Id.—Consistency op Findings—Support op Judgment.—Findings in an action upon a note against the maker and indorsers, to the effect that one of the defendants was an indorser, who had waived notice and protest, and also that he signed the note as a “guarantor,” are not contradictory; and a judgment against him is sufficiently supported by the finding that he was an indorser, without regard to the effect of the other finding.</p>