Giletti v. Saracco

Citations

• 110 Cal. 428
• 42 P. 918
• 1895 Cal. LEXIS 1074

Syllabus

<p>Action upon Notes—Denial op Consideration—Plea op Special Agreements—Findings.—In an action upon several promissory notes, where the court finds that they were executed by the defendant in consideration of a loan by plaintiff to the defendant, and that no part of the principal or interest due on the notes has been paid, the findings sufficiently cover issues raised by the answer as to want of consideration of the notes, and by plea of special agreements to the effect that, as to one of them, he was not to be obliged to pay it until he should be able, and that, as to another, it was given with the understanding that a joint maker with him was the person that was to pay that note.</p> <p>Id.—Failure to Find upon Issues—Want op Evidence.—A failure to find upon issues, a finding upon which would merely have the effect of invalidating a judgment fully supported by the findings made, will not be held ground for reversal, where it is not shown by statement or bill of exceptions that evidence was submitted in relation to such issues.</p>