San Joaquin Valley Bank v. Gate City Oil Co.

This appeal is taken from an order made after judgment denying the appellant’s motion for contribution under section 709 of the Code of Civil Procedure. The original action was brought upon a promissory note executed by defendant corporation to plaintiff and which, as was found by the court at the trial, was signed by defendant corporation as principal and by defendants Smith, Lynch, and Giottonini as sureties. Plaintiff had judgment in the •action and on appeal to the supreme court the judgment was affirmed on May 27, 1915. ( 170 Cal. 250 , [ 149 Pac. 557 ].)

It was also found by the trial court that as between the defendants, the said sureties, they executed the note under an agreement between themselves and defendant Gate City Oil Company that they were merely sureties or accommodation makers; and that said Gate City Oil Company was the principal debtor and should pay the amount to become due on said note, and they should have no liability chargeable against them, but that plaintiff was not affected by such agreement. The defendant, Gate City Oil Company, received the entire amount of said note for its use and benefit. The defendant Gate City Oil Company and defendant Lynch,…