County Bank of San Luis Obispo County v. Greenberg

Citations

• 116 Cal. 467
• 48 P. 386
• 1897 Cal. LEXIS 574

Syllabus

<p>Promissory Note—Overdraft—Pleading.—In an action on a promissory-note for a sum certain, but which recites that it was given to secure an overdraft of the maker, the complaint must allege the fact of the existence of an overdraft at the time the action is brought.</p> <p>Id__Construction of Overdraft Note,—A note for a sum certain with interest made payable by its terms at a specified time after date, and which recites that it was given to secure an overdraft of the makers, will be construed as intended to secure whatever overdraft might exist at the date of its maturity, not exceeding the amount specified in the obligation, with interest thereon.</p>