Carrier

Security Trust & Savings Bank v. Carrier

Good Law
107 Cal. App. 333·1930 Cal. App. LEXIS 386·290 P. 458
Court of Appeal of CaliforniaJuly 23, 1930Docket No. 6045.California1,257 words

Opinion

Lead Opinion

Craig, J.

The plaintiff appealed from an adverse judgment in an action for collection of two promissory notes executed by the defendant Carrier and praying that the title to certain real property alleged to have been pledged as security therefor be quieted as against the defendant Lohr.

The notes in controversy were signed by George W. Carrier and B. A. Basque, and it was alleged that to secure the payment thereof Carrier assigned to the payee a certain agreement for the purchase of certain specified real property in Los Angeles County, together with his interest in said property; and that the defendant Lohr claimed an interest therein, subordinate to that of the plaintiff. By an answer and cross-complaint the defendants joined issue, and affirmatively alleged that the notes were executed by Basque as principal debtor, and that they were signed by Carrier only as an accommodation and without consideration; that the contract in question was merely left with the bank at its request and as a courtesy, and without consideration; that Carrier stated that he had sold the contract and realty to Bohr, and that the latter was entitled to a deed from the original owners upon making a small payment.…

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.