Pelton

Pelton v. San Jacinto Lumber Co.

Caution
113 Cal. 21·1896 Cal. LEXIS 738·45 P. 12
Supreme Court of CaliforniaMay 25, 1896L. A. No. 77California1,032 words

Opinion

Lead Opinion

Vanclief, J.

This appeal is from a judgment on a promissory note made by the San Jacinto Lumber Company to the plaintiff, and alleged to have been indorsed by the other appellants, and by M. T. Winton and D. M. McDonald, who are also defendants.

The defense pleaded by appellants is, that the note was materially altered without their knowledge or consent after it was signed by the corporation and indorsed by the other appellants, but before delivery to plaintiff.

The appeal is upon the judgment-roll without a bill of exceptions, and the only matter in controversy is whether or not the findings of fact by the court warrant the judgment against appellants.

The pertinent facts found are substantially as follows:

On May 21,1890, the corporation defendant was about to obtain a loan of two thousand one hundred dollars from the plaintiff, who then resided in the state of Hew York, and to secure the payment of such loan was to> make its promissory note with indorsers. The note was-drawn and signed at Los Angeles, California, May 1, 1890, by the corporation, through the agency of its president, M. T. Winton, and its secretary, F. M. Caswell, and immediately thereafter was indorsed by the appellants,…

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