Lepori

Lepori v. Hilson

Good Law
109 Cal. App. 295·1930 Cal. App. LEXIS 465·293 P. 86
Court of Appeal of CaliforniaNovember 1, 1930Docket No. 7282.California1,275 words

Opinion

Lead Opinion

Sturtevant, J.

This action was brought to recover on a demand promissory note. The complainant pleaded in the ordinary form his cause of action. The defendant admitted the making of the note but denied all liability thereon and alleged that he executed the note as an accommodation to the plaintiff and on the promise that the plaintiff would hold the defendant harmless thereon and that there was no consideration for the note. The trial court made findings in favor of the defendant. The plaintiff has appealed and has brought up typewritten transcripts.

On November 15,- 1923, the date the note was executed, C. Lepori, Jr., was cashier of the First National Bank of Pittsburg, Cal. His father, O. Lepori, Sr., was president. Seven men, including plaintiff and defendant, constituted the board of directors. On the afternoon and evening of the date last mentioned a special meeting of the board of directors of the bank was held. Before that meeting adjourned, each director executed to the bank his promissory note in the sum of $2,500. All of the notes aggregated the total sum of $20,000. While the bank held the notes Mr. Ellis, who had become its cashier, demanded payment from this defendant, but…

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