Domingo v. Getman

Citations

• 9 Cal. 97

Syllabus

<p>When a party has given a promissory note, and the payee assigns the note, without recourse, after maturity, and suit is brought upon the note by the assignee, the maker then files his bill against the assignor and assignee, alleging fraud in obtaining the note, and praying for on injunction, and that the note be canceled: Held, that the case was a proper one for equitable relief, and the maker had the right to have the note canceled, so as to prevent future litigation.</p> <p>If a party be improperly joined as defendant, the Court or jury, upon application, should first pass upon his case, and, after ho is discharged, he could then be examined as a witness for the other defendant.</p>