Case v. Maxey

Citations

• 6 Cal. 276
• 1856 Cal. LEXIS 123

Syllabus

<p>It is no defence to a note, given by one partner to the other, for his interest in land held jointly by both, that the payee of the note had deceived his partner, the maker, in the division of partnership stock, and was indebted therefor in an amount equal to, or greater than, the sum due on the note.</p> <p>As such a division has nothing to do with the consideration of the note, it cannot be set up as a counter claim or defence to the action on the note.</p> <p>If the defendant has been deceived in the division of the stock, he should file Ms bill for a discovery and account.</p> <p>When such a defence was set up in the answer in an action on the note, Held that all of the answer, except that portion admitting the execution of the note and denying the indebtedness, was properly stricken out.</p>