Findlay v. Pott
James W. Findlay v. Fred S. Pott and Paul P. Austin
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of Santa Clara County
- Trial judge
- M. H. Hyland
- Outcome
- other — The facts are stated in the opinion.
- Area
- civil
- Panel
- Smith (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
This action was brought by plantiff, as assignee of Field, to recover ten thousand dollars alleged to be due on four promissory notes, executed in pursuance of the *Page 386 contract involved in Field v. Austin, ante, p. 379, just decided, and belonging to the same series as the notes sued on in that case. The notes all contain stipulations for attorneys' fees in case of suit, and are, therefore, non-negotiable. (First Nat.Bank v. Babcock, 94 Cal. 961; First Nat. Bank v. Falkenhan,94 Cal. 141; Adams v. Seaman, 82 Cal. 636; Chase v. Whitmore,68 Cal. 545; Civ. Code, secs. 3087, 3093.) Otherwise the case is similar to Field v. Austin, ante, p. 379; and on the authority of that case the judgment and order denying a new trial should be reversed.
Gray, C., and Chipman, C., concurred.
For the reasons given in the foregoing opinion the judgment and order denying a new trial are reversed.
Temple, J., Henshaw, J., McFarland, J.
1 28 Am. St. Rep. 94.
Cites, in this corpus
- First National Bank v. Falkenhan No. 14398 · 1892-03-30
- First National Bank v. Babcock No. 14505 · 1892-03-28
- Adams v. Seaman No. 13443 · 1890-01-29
- Chase v. Whitmore No. 9848 · 1886-02-19