McDonough
McDonough v. Nowlin
Opinion
Lead Opinion
Chipman, J.
This is an action commenced by plaintiffs, as sureties, against the defendant, alleged to have been the principal in executing the obligation which was paid by plaintiffs.
The complaint alleges: That plaintiffs and defendant, on June 3, 1908, executed the joint and several promissory note set out in the complaint, which was payable to the Farmers and Mechanics’ Bank of Healdsburg, for the sum of $1,000; that the debt evidenced thereby was “the sole debt of the said defendant, and that the plaintiffs signed the same as sureties only, as an accommodation to him, and without any other consideration whatsoever, and upon the promise of said defendant that he would pay the whole of said debt evidenced by said promissory note”; that defendant paid the interest to December 3, 1909, “but nothing further of interest and no part of the principal has ever been paid”; that the said promissory note falling due and defendant failing to pay the same, plaintiffs “were compelled to and thereupon did” pay said promissory note, principal and interest; “that no part of said sum of $1,000, or of the interest thereon, has ever been repaid to plaintiffs or any of them, and that there is now due, owing…