1 Cal. Dist. Ct. 215
Decided August 15, 1857
California District Court · decided 1857-08-15
This was an action against defendant as endorser on a promissory note for §600, dated May 1st, 1856. The facts are that one Bonestell, being indebted to John Flint, proposed to give his promissory note, endorsed by Williston. The note was accordingly given, and endorsed by Williston, but by inadvertance, as alleged, was made payable to the order of Flint instead of Williston, and was endorsed by Flint first and Williston afterwards.
Decided 1857-08-15
¶1held that Flint was the first endorser, and could not, therefore, maintain an action on the note against Williston, who was the second endorser. The plaintiff, taking the note after it became due, was in no better position than Flint. Parol evidence is not admissible, in an action on the note, to prove that Williston intended to become first endorser.
¶2Judgment for defendant.