Robb

As assignee of the Pacific National Bank the plaintiff commenced three separate actions against three different- defendants on three different notes. The defendants answered and by consent of the parties the actions were consolidated for trial. The trial court made findings in favor of the plaintiff, and the defendants have appealed. The pleadings were quite full and the findings are long, full and complete. The defendants' claim that several of the findings in part were not sustained by the evidence. The general facts which involved the parties in this litigation are stated in detail in the decision on a former appeal, Robb v. Cardoza, 110 Cal. App. 116 [ 293 Pac. 851 ], and need not be repeated.

The defendants contend (1) the taking by a creditor from his debtor of a promissory note of a third party given to the debtor as payee is not a taking for value and does not create a bona fide holder for value in due course where such note is merely taken as added collateral, where no credit is given upon the indebtedness prior to some payment by said third party, and where said note is infirm as between such third party and said payee, and where no payment is ever made or credit given;…