Tilden

Plaintiff recovered judgment, from which and from the order denying its motion for a new trial defendant appeals.

Defendant was sued as guarantor of the following nonnegotiable promissory note:

The court found that the defendant is a corporation duly organized and existing under the laws of New Jersey, doing business at Sunnyvale, Santa Clara county, California; that said Garrett executed and delivered to plaintiff said note, and “that at the time and place of its execution, and as a part of the same transaction, and prior to the delivery thereof,” defendant “by its writing on the back of said note, guaranteed the payment of the same and undertook and promised to pay to said plaintiff the principal sum and interest thereon therein mentioned,” and “that said'defendant received from plaintiff, as a consideration for said indorsement of said note, the sum of ten thousand dollars, gold coin of the United States, then and there loaned by said plaintiff to said defendant”; that demand for payment had been made upon said Garrett and refused, and the same is now due and owing from defendant to plaintiff.

The principal point made by defendant is that the evidence fails to show that…