Castro

Citizens State Bank v. Castro

Good Law
105 Cal. App. 284·287 P. 559
Court of Appeal of CaliforniaApril 18, 1930Docket No. 5752.California715 words

Opinion

Lead Opinion

Norton, J.

This is an appeal from a judgment in favor of plaintiff and respondent against the defendants for the recovery of the balance due upon two promissory notes executed by the defendants Castro and indorsed by the defendant Beltzhoover. The defendant Beltzhoover alone appeals from the judgment. Upon the trial she denied that she indorsed the notes, and contended that the indorsement of her name upon the notes was not in her handwriting. She presents two grounds for the reversal of the' judgment: Insufficiency of the evi dence to justify the decision and irregularity in the proceedings of the court by which she was prevented from having a fair trial. While Mrs. Beltzhoover testified in the most positive manner that she did not indorse the notes for the Castros, the court was not bound by her testimony, and it was for the court to determine how much weight to accord it in view of all the evidence in the case. From the testimony and all the circumstances and evidence in the case the court was amply justified in concluding that she did indorse the notes, and the findings in that regard are fully supported. There is evidence to show, aside from the opinion evidence on the question of…

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