Semon

Commercial Credit Co. v. Semon

Good Law
33 F.2d 356·1928 U.S. Dist. LEXIS 1762
United States District Court, Northern District of CaliforniaJune 5, 1928No. 18000California684 words

Opinion

Lead Opinion

Kerrigan, J.

An action at law has been brought by the Commercial Credit Company against Samuel Semon on a contract wherein he guaranteed certain accounts receivable and other obligations said in the guaranty contract to have been previously “purchased” by the plaintiff from Kurzman & Mattal, copartners. The contract, set forth in full in the complaint, recites the fact of this “purchase,” a subsequent assignment to the Board of Trade by Kurzman & Mattal, and the purchase by Semon of the business, followed by the guaranty of the accounts by Semon “as and for the consideration for the. purchase and sale thereof of the said assets and for other valuable consideration.”

A demurrer on account of the nonjoinder of Kurzman & Mattal having been heretofore overruled, defendant has answered, admitting the execution of the contract, but denying that there was consideration therefor. Defendant also cross-eomplains, alleging that the accounts in question were assigned, not purchased, by plaintiff, setting up certain alleged usurious practices of plaintiff, seeking to have the agreement sued upon declared null and void, and requesting an accounting upon which to base a judgment for defendant and for…

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