Is there any case law where a defendant jointly signed a note as a promissor but only signed as a witness?

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.)

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