4 Cal. 63 | Cal. | 1854
delivered the opinion of the Court.
On the part of the indorsers there is an express waiver of notice of non-payment, the language of which, in the case of each of them, is equivalent to an admission that the notes had been presented, or need not be presented. This is the only construction of which it is susceptible.
The next point is, whether the plaintiff’s agreement not to sue two of the defendants, operates as a release to those two, and if so, whether thas act must invoke the principle that a release of one obligee is a release of all.
*It is well settled that a covenant not to sue
Judgment affirmed.