Olendorf v. Swartz

Citations

• 5 Cal. 480

Syllabus

<p>A declaration by an indorser made to a third party not interested in the subject matter, “ that the fact of notice not having been given at a proper time, would make no difference with him ; that he would do what was right,” is not a sufficient waiver of presentment and notice, to fix the liability of the indorser.</p> <p>The defendant indorsed to the plaintiff the notes sued on, and assigned the mortgages given to secure the same. Held; that the mortgages were not intended to indemnify the defendant against his liability as indorser, and would not excuse a presentment and notice to him as such indorser.</p>