13 Cal. 579 | Cal. | 1859
Terry, C. T. concurring.
Suit brought on a guaranty of a promissory note. “ For value received, wo guaranty the payment of the within note.” Mo averment of demand or notice is made in the complaint; the defendants demurred. The Court sustained the demurrer, and the question is, whether this guaranty is an unconditional obligation to pay the amount of the note.
The authorities are conflicting in other States, and the ablest jurists are divided in opinion upon the question. Probably, in number, the preponderance is in favor of the rule of conditional
Judgment affirmed.