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92 Cal. 545

Westphal v. Nevills

California Supreme Court

Decided December 30, 1891

California Supreme Court · decided 1891-12-30

<p>Negotiable Paper — Joint Note — Accommodation Maker—Want of Consideration. — A promissory note executed by two persons as makers, and by its terms made payable at a date subsequent to its execution, although given for a pre-existing indebtedness due at the date of its execution from only one of the makers, is not void for want of consideration as to the other maker.</p> <p>Id. — Consideration — Extension op Time. —The detriment to the payee of the note, in giving time to the maker from whom the indebtedness was due within which to make the payment, is a sufficient consideration to support the promise of the other maker to pay the note.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1891-12-30

How this case has been cited

Cited by 9 later decisions — most recently August 2019

9 state decisions

501891190019101920193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court.

¶1The complaint alleges that on the twenty-second day of May, 1888, the defendants, in consideration of the sum of $850 then and there loaned to them, made their promissory note, as follows, viz.: —

“ $850. San Francisco, May 22, 1888.
“ On the twenty-second day of June, 1888, we promise to pay to the order of Henry Westphal $850, with interest at the rate of-per cent until paid, principal and interest payable in United States gold coin, for value received. “ R. L. Hopkins.
“ W. A. Nevills.”

¶2The only defense presented by the appellant was a want of consideration in this: that the money “was loaned and delivered by the plaintiff to the defendant Hopkins, upon the verbal agreement, then and there made to the plaintiff by defendant Hopkins, to pay said sum of money to the plaintiff in a few days, and upon and for no other, further, or additional inducement or consideration whatever, and before the execution of said promissory note by this defendant; that this defendant received no part of the said sum of money so loaned by *548the plaintiff to the defendant Hopkins, and received no benefit or advantage whatever therefrom.” This allegation presented no defense to the action. By the terms of the note the appellant is liable as a maker. The matter set up in his answer would have the effect to contradict his express promise. It was not necessary that the appellant should have received any benefit for his promise; a detriment to the plaintiff — the time given to Hopkins within which to make the payment — was sufficient consideration to support the promise of the appellant.

¶3The judgment is affirmed.

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