California, United States of America
The following excerpt is from Palm Springs S. & S. Inc. v. Bering, 213 Cal.App.2d 177, 28 Cal.Rptr. 526 (Cal. App. 1963):
In Figari v. Olcese, 184 Cal. 775, 781, 195 P. 425, 15 A.L.R. 192 where defendant jointly signed the note as promissor but claimed he only signed as a witness and the word 'witness' was printed thereafter, the court held that one who has joined apparently as a maker of a note may show by parol evidence, as against the payee, that he has signed with the knowledge of the payee in a different capacity and with a [213 Cal.App.2d 181] different liability, where such facts are pleaded. (Citing Civil Code, 2832 and other authority.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.