Ford v. Kenton

Citations

• 5 Cal. Unrep. 780
• 40 P. 1031
• 1895 Cal. LEXIS 1121

Syllabus

<p>Promissory Note—Forgery as a Defense.—The faet that nothing was heard of a defense that an indorsement on a note was a forgery until the maker had absconded does not estop the party from asserting it, especially where there was evidence that he did not know that he was held liable until suit was commenced.</p> <p>Promissory Note—Defense to Liability as Indorser.—In an action to hold one liable as an indorser, evidence that defendant was seventy-five years old, and unable to read or write; that he never authorized the indorsement, but only authorized his name to be written on an undertaking for a small amount, is sufficient to sustain a verdict that defendant did not indorse the note.</p> <p>Evidence. —■ The Reception of Inadmissible Evidence over appellant’s objection is not reversible error where it was afterward stricken out on appellant’s motion.</p> <p>Pleading—Amendment.—Granting Leave to Amend Pleadings at the trial will not be reversed except for abuse of discretion.</p>