Adler v. Sawyer

In Adler v. Sawyer (1919) 40 Cal.App. 778, 781, the appellate court affirmed the trial court's factual finding that the guaranty was supported by consideration. Although the guaranty was not signed at the same time as the promissory note it guaranteed (id. at p. 780), the defendant guarantor failed to raise the issue of lack of consideration in the responsive pleading, and the evidence supported the trial court's finding that sufficient consideration was exchanged (id. at p. 781).