Bank of America v. Universal Finance Co.

Plaintiff brought suit on a cheek issued by defendant upon which the latter had stopped payment. From a judgment in favor of plaintiff, defendant has appealed.

There is no serious conflict in the evidence introduced, which substantially shows that Sammis-McBrien Company was a partnership engaged in the business of selling automobiles in San Diego; that appellant, as executor of the last will and testament of Max Jacobs, doing business under the fictitious firm name and style of Universal Finance Company, was engaged in financing the purchase and sale of automobiles in Los Angeles, and on July 17, 1929, and for a period of some two years prior thereto, had purchased automobiles and delivered them to said partnership to be sold by it, and had purchased from said partnership conditional sale contracts made and entered into by and between the partnership and parties to whom it had sold such automobiles. Sammis-McBrien Company had apparently sold an automobile so placed with them by the finance company, and on the 17th of July, 1929, Mr. Sammis went to the office of the finance company with the contract, presented the partnership’s check for $2,250, on respondent branch bank in San…