Pennig
First National Bank of Kansas City v. Pennig
Opinion
lead Opinion
Chipman, J.
Plaintiff brings the action on a promissory note, dated December 1, 1909, for the sum of one thousand one hundred dollars, due three years after date, payable to the order of McLaughlin Bros, at the Lassen County Bank, Susanville, California, with interest at six per cent, signed by all the defendants. It is alleged in the complaint that, ‘ ‘ on or about February 12, 1912, and long prior to the maturity of said note, in the ordinary course of business, and for a valuable consideration, said McLaughlin Bros, assigned and transferred said note, then held and owned by them, to plaintiff, as collateral security for a certain note on said day given by said McLaughlin. Bros, to plaintiff, and plaintiff thereupon became, ever since has been and now is the lawful owner and holder of said promissory note so assigned and transferred to it by said McLaughlin Bros.” It is further alleged that, upon the maturity of said note, to wit, on the second day of December, 1912, plaintiff caused said note to be presented at said Bank of Lassen County and demanded payment and payment was refused, whereupon plaintiff caused said note to be protested; that no part of said note has been paid except the sum…