Adams

Adams v. Farnsworth

Good Law
1894 Cal. LEXIS 1260·4 Cal. Unrep. 682·37 P. 221
Supreme Court of CaliforniaJune 25, 1894No. 15,312California312 words

Opinion

Lead Opinion

This action was brought by plaintiff to recover on the following promissory note:

*683 The defendants, Martin and Wendt, in their answer, deny that they executed the note for value received, and aver that their signatures thereto were procured by fraudulent and false representations made to them by plaintiff and their co-defendant Farnsworth. It is further averred that plaintiff duly released them from all liability on said note, and that the same has been fully paid and discharged: Plaintiff had judgment against the defendants Martin and Wendt. Farnsworth, the other defendant, who was never served with process, made no appearance. From which judgment, and the order denying their motion for a new trial, the defendants Martin and Wendt appeal.

The court, in its decision, found that all the allegations of the complaint were true, and also found adversely to the defendants upon all of the defenses set up in their answer; and, as these findings are fully justified by the evidence, they will not, under the well-established rule of this court, be disturbed.

• It is claimed by appellants that the court erred in sustaining plaintiff’s objection to the following question, propounded on…

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