Chester
Chester v. Toklas
Opinion
Lead Opinion
Ross, J.
The plaintiff is the assignee of George W. Chester, of whatever right of action or claim he had against the defendants by reason of the transfer by defendants to one Xarissa Hill of the note and mortgage next hereinafter alluded to. The findings show that on or about the sixth day of December, 1875, one H. W. Woddward executed to George W. Chester, or order, his promissory note for three thousand ■ three hundred and thirty-three dollars and thirty-three cents, payable one year after date, with interest thereon at the rate of one per cent per month, to secure which he at the same time executed to Chester a mortgage; that, on the 18th of December of the same year, George W. Chester executed to the defendants five promissory notes, made payable to defendants or order, for the aggregate sum of two thousand three hundred and forty-one dollars and thirty cents, bearing interest at the rate of one per cent per month, and to secure their payment assigned to defendants the Woodward note and mortgage. Subsequently, and on the 12th of June, 1876, the defendants, in consideration of the face value of the five Chester notes, which was paid to them by one Xarissa Hill, assigned the five notes…