Armstrong

Smith v. Armstrong

Good Law
1927 Cal. App. LEXIS 473·85 Cal. App. 624·260 P. 347
Court of Appeal of CaliforniaSeptember 27, 1927Docket No. 5514.California2,263 words

Opinion

Lead Opinion

Cashin, J.

An appeal from a portion of a judgment entered in an action on a promissory note.

The note was executed on August 12, 1920, by defendant Armstrong to Nathan & Co., a corporation, for the sum of $3,000, the principal with interest thereon being payable one year after date. The instrument was negotiable in form and was indorsed by the payee to defendant Proctor, who in December, 1920, indorsed the same to Blanche G. Lark, by whom it was assigned to the plaintiff for collection. Judgment was entered against the indorsers and in favor of defendant Armstrong, and from the latter portion of the judgment the plaintiff appeals.

It is contended that certain findings are unsupported, that the court erred in its rulings and its conclusion from the facts found that Blanche G. Lark was not an innocent purchaser or a tona fide holder of the note and not entitled to judgment against defendant Armstrong.

Nathan & Co. was the selling agent for the stock of the Blue Jacket Mining Company, a corporation, which owned certain mining claims in Arizona, and the consideration for the note was the issuance by the latter corporation of 2,000 shares of its stock to the wife of defendant…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.