Pierce v. Hugh Kennedy & Ford, Lathrop & Co.

         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.