Curran

Curran v. Wilson

Good Law
1918 Cal. App. LEXIS 487·36 Cal. App. 208·171 P. 817
Court of Appeal of CaliforniaFebruary 7, 1918Civ. No. 2120.California1,171 words

Opinion

Lead Opinion

James, J.

Appeal from a judgment entered against the defendant. The action was upon a promissory note the text of which is set out in the complaint as follows:

It was further alleged in the complaint that before maturity, for a valuable consideration, the note was indorsed and delivered to Doremus, who thereafter, before maturity and for a valuable consideration, indorsed the same to the National Surety Company. It was then alleged “that thereafter said note was transferred and delivered by said National Surety Company to the plaintiff herein.” A sufficient allegation of nonpayment appears in the complaint. In the answer the defendant made denial of the allegations as to the indorsements made on the note and the transfer thereof, in the following form: “Alleges that she has no information or belief sufficient to answer the allegations of the second paragraph thereof and for want of such information and belief, or either, and upon that ground denies that before maturity or for a valuable consideration, or at all, said note was indorsed, or at all delivered to T. Carter Doremus, or that thereafter or before maturity, or for a valuable consideration, or at all, said note was indorsed or…

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