Rhoades

This action was brought against Higgins, the maker of the note, and Silvius, guarantor of its payment. Judgment by default was entered against the maker. After trial of the case against the guarantor, judgment was entered against him, from which judgment he now appeals. j

The grounds of appeal, as gleaned from the brief for appellant (there being no clear statement of points and authorities, and there being no index of contents or table of cases, as required by the rules of court), appear to be: First, that the plaintiff is not entitled to maintain the action; second, that appellant tendered payment of the note and that the offered payment was refused; third, that the contract of guaranty was made subsequently to the delivery of the note and without any separate consideration, and is therefore void under the provisions of section 2792 of the Civil Code.

The note was made to the Citizens Trust and Savings Bank of Los Angeles. The assistant cashier of the bank testified that the note was assigned to plaintiff Rhoades for collection. The note itself, as produced in evidence by the plaintiff, bears the bank’s indorsement in blank, placed thereon by a competent officer. These facts…