Robb
Robb v. Cardoza
Opinion
Lead Opinion
The above actions were brought on three promissory notes executed by the respective defendants to Big Creek Ranch, Inc., a corporation, and by it indorsed before maturity to the Pacific National Bank of San Francisco. The bank assigned the notes to plaintiff for collection.
As defenses the defendants in each action alleged that the note was given without consideration and that the bank was not a holder in due course. In two of the actions it was also alleged as a defense that the execution of the note was induced by false representations as to the financial conditions of the payee corporation.
The cases were tried together. The trial court made no finding on the defenses last mentioned, but found in each case that the note was given without consideration and that the bank was not a holder in due course. In each case the conclusions from the findings were that the bank was not a holder in due course and that defendant was entitled to judgment. Judgments were entered accordingly, and plaintiff has appealed therefrom. The appeals are presented upon the same transcript and briefs, and it is contended as grounds for the appeals that the findings do not support the conclusions of law…