Findlay v. Pott

Citations

• 131 Cal. 385

Syllabus

<p>Promissory Notes—Negotiability—Stipulation for Attorneys’ Fees— Defenses Against Assignor.—Promissory notes containing in each a stipulation for attorneys’ fees in case of suit thereupon are not negotiable, and are subject in the hands of an assignee to defenses against the assignor.</p> <p>Id.—Defense of Fraud—Failure of Consideration — Omissions in Findings.—Judgment and order reversed for omission to find upon material issues of fraud and failure of consideration of the notes in suit, presented by the answer, upon the authority of Field v. Austin, ante, p. 379.</p>