Rogers v. Schulenburg

Citations

• 111 Cal. 281
• 43 P. 899
• 1896 Cal. LEXIS 576

Syllabus

<p>Peeading—Joint Demurrer.—A joint demurrer is properly overruled, i£ the complaint is good against either of the parties demurring, though it may not be good as against one of them.</p> <p>Non-negotiable Note — Indorsement by Third Party — Guaranty — Expression op Consideration.—A third person who writes his name on the hack of a non-negotiable note becomes a guarantor thereof, whether the indorsement is made before or after delivery; and, under the codes, it is not necessary that the consideration of the guaranty be expressed in writing, in either case.</p> <p>Xd.—Presumption of Consideration—Burden of Proof.—A written instrument is presumptive evidence of a consideration; and the burden of showing a want of consideration is on the party seeking to invalidate it.</p> <p>Appeal—Findings—Conflicting Evidence.—The findings cannot be disturbed upon appeal, when the evidence is conflicting.</p> <p>Evidence—Declaration op Party in His Own Behalf,—The statements of a party, made without the hearing or knowledge of his adversary, are not competent evidence in his own behalf to prove the facts stated.</p>