In what circumstances have appellate courts upheld a finding that a personal surety bond is not supported by consideration?

In Pierce v. Wright (1953) 117 Cal.App.2d 718, 720-722, the defendant, who had signed a personal surety bond for a construction loan, appealed from the judgment against him, in part, on the ground that the bond was not supported by consideration. Although the bond was executed after the loan was made, and even after construction had begun, the appellate court concluded the bond was supported by valid consideration because (1) the loan contract required the execution of the bond; (2) the written bond was presumptive evidence of consideration; and (3) the defendant had failed to meet his burden of overcoming the presumption that valid consideration existed. (Id. at pp. 722-723.)

In Rusk v. Johnston (1937) 18 Cal.App.2d 408, 409, the appellate court concluded substantial evidence supported the trial court's factual finding that the guaranty was not supported by consideration. Rusk v. Johnston differs from the present

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