Browne

The petition for hearing herein is denied. In denying such petition we withhold our approval from that portion of the opinion of the district court of appeal ■as follows:

As to that question we express no opinion. We agree with the district court of appeal, however, that under the facts as shown and found in this case the eleventh finding of the trial court may be disregarded as being a conclusion of law. The court found the facts surrounding the execution of the written guaranty of November 9, 1921, by the *724 appellant. Whether these facts were sufficient to show a consideration for said written guaranty was purely a question of law.

-Defendant was the president and principal stockholder of the National Auto Sales Com2. *718 pany, hereafter referred to as the Company. On August 18, 1920, the Company, a' Colorado corporation, borrowed from the plaintiff bank the sum of $10,000 on a ninety-day note and on September 10, 192-0, borrowed from plaintiff an additional sum of $12,000 on a separate note, making a total loan of $22,000. As these notes matured they were extended on new notes until May 18, 1921, when a single note for $22,000 was given by the Company and the old notes were surrendered. This note became due August 15, 1921, and on August 17, 1921, it was renewed by note dated August 15, 1921, and due November 14, 1921. Defendant was the indorser on all of these notes. The fifth finding of the trial court is as follows: “That on the 9th day of November, 1921, the defendant F. O. Browne called on the plaintiff at its banking house in the City of Denver, Colorado, and stated that he was going to California, and for that reason it would be inconvenient for him to be in Denver when the said note or any renewal thereof matured, and was then and there informed by the plaintiff that the said note maturing on the…

Defendant was the president and principal stockholder of the National Auto Sales Company, *Page 718 hereafter referred to as the Company. On August 18, 1920, the Company, a Colorado corporation, borrowed from the plaintiff bank the sum of $10,000 on a ninety-day note and on September 10, 1920, borrowed from plaintiff an additional sum of $12,000 on a separate note, making a total loan of $22,000. As these notes matured they were extended on new notes until May 18, 1921, when a single note for $22,000 was given by the Company and the old notes were surrendered. This note became due August 15, 1921, and on August 17, 1921, it was renewed by note dated August 15, 1921, and due November 14, 1921. Defendant was the indorser on all of these notes. The fifth finding of the trial court is as follows: "That on the 9th day of November, 1921, the defendant F.O. Browne called on the plaintiff at its banking house in the City of Denver, Colorado, and stated that he was going to California, and for that reason it would be inconvenient for him to be in Denver when the said note or any renewal thereof matured, and was then and there informed by the plaintiff that the said note maturing on the…