Berrington

Plaintiff sued defendant, maker of a promissory note payable to Croeker-Citizens National Bank, to recover the amount his assignor, as guarantor, was compelled to pay the bank on the note after defendant defaulted. Defendant appeals from order granting motion for summary judgment under Code of Civil Procedure, section 437c and for summary judgment.

Complaint on Note Paid By Guarantor, After Default By Payor seeks recovery of the principal sum of $11,000, interest, costs and reasonable attorney’s fees. It alleges that on December 3, 1963, defendant executed his promissory note to the bank for $11,000 due and payable on April 1, 1964 (Exh. A attached to complaint); at defendant’s request and without consideration therefor, and solely to assist defendant in procuring the loan from the bank, Burdick F. Williams, defendant’s brother and plaintiff's assignor, signed the note as endorser and guarantor; on April 1, 1964, the note became due, and demand was made by the bank on defendant who refused to pay the same, whereupon Burdick was compelled to and “did pay said note” to the bank on April 1, 1964; no part of this has been paid by defendant to Burdick, and on April 28, 1965, he…