Dupre v. Fall

Citations

• 10 Cal. 430

Syllabus

<p>F. and H. made and delivered to S. a joint and several promissory note for $4500; afterwards, and before the maturity of this note, S. gave his note for $1000, with large interest, to C., and endorsed and delivered, as collateral security, the note of F. and H., for $4500. C. subsequently assigned S.'s note of $1000 to F., and delivered the note of F. and H. as collateral security, or as he held it. After this, S. sold and assigned the note of F. and H., ($4500,) then in the possession of F., to D., the plaintiff; D. subsequently demanded of F. the $4500 note, offering to credit the same with the amount of the $1000 note and interest; F. declined to deliver the note, and D brought suit to recover the amount of F. and H., less the $1000 note and interest: JBeld, that the suit was properly brought, and that D. is entitled to recover on the note against F. and H.,less the amount of the $1000 note and interest.</p>