Savings Bank v. Fisher

Citations

• 5 Cal. Unrep. 115
• 41 P. 490
• 1895 Cal. LEXIS 1147

Syllabus

<p>Actions—Misjoinder.—Error, if Any, in Overruling a demurrer to a complaint on the ground that it united with a cause of action for foreclosure of mortgage a cause of action on a guaranty is harmless, the court having found that the guaranty was without consideration.</p> <p>Bills and Notes—Guaranty—Demand and Notice.—An indorser of a note signed the following provision thereon: “I hereby guarantee the payment of the within note, .... and waive presentation, demand, notice of nonpayment and protest.” Held, that as demand and notice of nonpayment need not be given a guarantor, the waiver was by the party as indorser.</p>