No briefs on file.
JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.
OPINION
HEYDENFELDT, Judge
The defendants, Ford, Lathrop & Co., were guarantors upon the note which is the foundation of this action. Their liability, according to the decision of this Court, in Riggs v. Waldo , 2 Cal. 485, is strictly that of an indorser, and they were entitled to notice of non-payment, even although the circumstance of the maker's absence might have excused a presentment, and demand upon him. The case cited has been incorrectly reported; the facts in that case should appear similar to the facts in this.
The Court below was correct in granting a nonsuit, and the judgment is affirmed.
Follows, Riggs v. Waldo , 2 Cal. 486;
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