Borton

Borton v. Weeger

Good Law
105 Cal. App. 552·1930 Cal. App. LEXIS 755·288 P. 137
Court of Appeal of CaliforniaMay 9, 1930Docket No. 7262.California771 words

Opinion

Lead Opinion

Burroughs, J.

This is an action upon a promissory note. Plaintiff was awarded judgment and the defendants appeal.

The complaint alleges that on July 25, 1924, the defendants executed and delivered to plaintiff the following promissory note;

The answer admits the making of the note, but alleges that it was given without consideration. By a cross-complaint defendants seek to recover the sum of $3,920.98, alleged to be a balance of rent unpaid. By answer to the cross-complaint the plaintiff denied the indebtedness.

The court found that the promissory note was made and executed as alleged in the complaint; that the plaintiff is the owner and holder thereof; that the building mentioned in the promissory -note, and the furnishings mentioned therein, have been sold; that the only sum paid on said note was $1,079.62 interest; that the amount due and unpaid at the date of the judgment was $20,392.41; that defendants on or about February 11, 1924, were the owners of the building and premises known as the Regina Hotel, situated at 420 South Westlake Avenue, Los Angeles City; that defendants have sold said premises, together with the furniture and fixtures contained therein; that on February 11, 1924,…

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