Hall

Hall v. E. W. Wells & Son

Good Law
1914 Cal. App. LEXIS 102·24 Cal. App. 238·141 P. 53
Court of Appeal of CaliforniaApril 2, 1914Civ. No. 1185.California4,264 words

Opinion

Lead Opinion

Chipman, J.

This is an action on a promissory note of which the following is a copy:

It is alleged in the complaint that “defendant by its agent, duly authorized thereto, made and signed” said promissory note; that, prior to the commencement of the suit and before the maturity of said note, the payee, for a valuable consideration, sold, assigned, and transferred said note to the Commercial Security Company, a corporation duly incorporated under the laws of the state of Illinois; that, prior to the commencement of the suit, said last named company, for a valuable consideration, sold, assigned, and transferred said promissory note to plaintiff, who ever since has been and now is the owner and holder thereof.

In its answer defendant denies the execution of said promissory note; denies that by its duly authorized agent or any agent of defendant it executed the same; denies the alleged transfers of said promissory note and the payment of a valuable or any consideration therefor. It is further alleged, on information and belief, that said E. P. Correll (who executed said note) “signed the name of E. W. Wells & Son to a certain contract of which the following is a copy”: Then follows a somewhat…

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