106 Wash. 642 | Wash. | 1919
The respondent sued the appellant to recover against him as guarantor of a promissory note. The appellant defended on the ground of want of consideration for the guaranty. The history of the case disclosed that the respondent is a foreigner, unable to read or speak the English language. The appellant is an attorney, practicing his profession at Seattle, Washington. -Some time prior to the occur
The guaranty was made some five days after the execution of the note by Buyer, and it is on this fact that the appellant based his claim of want of consideration. The trial court denied the claim, and entered judgment against the appellant.
Undoubtedly, as the appellant contends, it is the rule of law that it is essential to a valid contract of guaranty that there be a sufficient legal consideration; that, if there is not to be found in the contract either a benefit to the principal debtor or to the guarantor on the one hand, or some detriment to the guarantee on the other, the contract will fail for want of consideration; and that the mere naked promise to pay the existing debt of another, without any consideration, is nudum pactum and void. But we cannot agree with his further contention that there was here no consid
A contention is made that all of the payments made upon the note were not credited in the judgment entered by the trial court. The appellant claims there was sixty dollars paid which was not so credited. We
The appellant states in his brief that, after the appeal was perfected and a supersedeas bond was filed and approved, he moved to discharge a writ of garnishment which had been sued out at the time of the commencement of the action, which motion the trial court refused to grant. Error is assigned on this ruling; but we are unable to find anything in the record showing these proceedings, save a copy of a journal entry reciting that, “Defendant Casey’s motion to dismiss garnishment is returned from department 2, argued by counsel and submitted, and motion denied.” If the ruling of the court on the matter is reviewable in this court under any condition of the
The judgment is affirmed.