Stanley v. McElrath

Citations

• 3 Cal. Unrep. 163
• 22 P. 673

Syllabus

<p>Judicial Notice—Judgments.—Code of Civil Procedure, section 1875, subdivision 3, providing that courts may take judicial notice of “public and private official acts of the .... judicial department of this state,” does not authorize a court to dispense with formal proof of its judgment in another cause.</p> <p>Bills and Notes.-—In an Action Against the Maker of a Note for the amount paid thereon by the indorser, it is no defense that the indorser paid it without proper demand and notice; for, as these are for the benefit of the indorser, he may waive any defects therein.</p> <p>Bills and Notes.—The Execution by an Indorser of His Own Note, which is given and accepted in full payment of the note on which he is liable as indorser, constitutes a novation under Civil Code, section 1530, providing that “novation is the substitution of a new obligation for an existing one,” and is made (section 1531) “by the substitution of a new obligation between the same parties with intent to extinguish the old obligation”; and the maker of the first note becomes liable to the indorser, though the holder, instead of canceling it, indorsed it without recourse to the indorser.</p>