Castle v. Hickman

Citations

• 5 Cal. Unrep. 159
• 41 P. 1036
• 1895 Cal. LEXIS 1152

Syllabus

<p>Pledge—Insurance Policy.—The Delivery by the Payee of a note, to the maker thereof, of a life insurance policy held by him as security for the payment of the note, which delivery was conditioned on the return of a paid-up policy to be thereafter issuedi, does not devest such payee of his lien on the security.</p> <p>Trial—Findings.—Failure of the Court to Make a finding is not reversible error, in the absence of a showing that there was evidence to justify a finding.</p> <p>Pleading—“Written Instrument.”—A Copy of a Decree of Discharge in insolvency is not a “written instrument,” within Code of Civil Procedure, section 448, providing that “when the defense to an action is founded on a written instrument, and a copy thereof is contained^in the answer, the genuineness and due execution are deemed admitted, unless the plaintiff file an affidavit denying the same.”</p>