Hillyer

This is an appeal by the defendant from an adverse judgment in an action for the recovery of $730, claimed to have been unlawfully taken under execution.

In the early part of the year 1914 the Sequoia Motor Car Company gave in payment for legal services rendered to it its promissory note for three hundred dollars to its attorney, O. C. Pratt. Prior to its maturity the payee, for a valuable consideration, transferred it to the plaintiff. At its maturity it was unpaid. Subsequently H. J. Small became a judgment creditor of the company in the sum of three thousand dollars. It also appears from the record that Mrs. H. A. Gillis was indebted to the company in the sum of one thousand dollars upon a stock subscription, the indebtedness being evidenced by her promissory note, given, however, with the understanding that the note was not to be negotiated. Contrary to this agreement it was negotiated; and Mr. Henley C. Booth, attorney for both H. J. Small and Mrs. H. A. Gillis, wishing to find out who had possession of the note, communicated with plaintiff by telephone, telling him that he represented Mrs. Gillis, and asking him if he knew, where the note was. Plaintiff replied that he did…