Kennedy & Shaw Lumber Co. v. S. S. Construction Co.

Suit upon a promissory note made by the S. S. Construction Company to the plaintiff, and indorsed by the defendants, the San Francisco & San Mateo Railway Company and J. G. and I. N. Day, and which also bears words of guaranty signed by appellant Behrend Joost. Hpon the trial; the action was dismissed as to all the defendants except Mr. Joost, and findings and judgment were against him, and he appeals from the judgment and an order denying a new trial.

The note here in suit was given in renewal of a prior note made by said construction company and indorsed by the railway company and J. G. and I. N. Day, but to which Mr. Joost was not a party either as maker, indorser, or guarantor; but upon said renewal note Mr. Joost wrote and signed a guaranty of the payment thereof, and, as appears from the statement on motion for a new trial, “the only contention at the trial was that the said guaranty was given by defendant Behrend Joost after the delivery of the note without a separate consideration from the note itself, or any consideration whatever”; and appellant contends that the findings do not support the judgment, or, if it should be held that they do, that they are not justified by…