Edwards

Edwards v. California Sweet Potato Corp.

Good Law
104 Cal. App. 715·1930 Cal. App. LEXIS 1080·286 P. 733
Court of Appeal of CaliforniaMarch 28, 1930Docket No. 6602.California2,348 words

Opinion

Lead Opinion

Gray, J.

In this action to enforce stockholders’ liability, the complaint briefly stating essential matters, alleged, in three separate causes of action, that plaintiff’s assignor, as accommodation indorser of notes of California Sweet Potato Corporation (hereinafter called the corporation) for the sums of $45,000 and $4,000 paid thereon, for principal and interest, the sums of $46,545.61 and $4,162.24 respectively, and, as accommodation maker of the corporation’s note for $8,000 paid thereon for principal and interest, the sum of $8,073.24, of which there is a balance due of $5,878.76, after deducting proceeds from a third party’s note, payable to the corporation, which it had deposited as security for payment of assignor’s note. The appealing defendants (hereinafter called the defendants) denied these allegations. As to the issues thus raised, the court only found that plaintiff’s assignor, after maturity and nonpayment by the corporation, paid on account of the three notes $14,093.58. In their opening brief, defendants claimed that the court’s failure to make a separate and distinct finding as to the amount of payment on each note constituted a failure to find on material issues.…

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