Kennedy & Shaw Lumber Co. v. S. S. Construction Co.

Citations

• 123 Cal. 584
• 56 P. 457
• 1899 Cal. LEXIS 1122

Syllabus

<p>Findings — Pleading—Reference to Numbered Subdivisions.—The findings, when signed and filed, are part of the record, and are to be construed in connection with the pleadings. A statement in the findings that all of the allegations in certain numbered subdivisions are true, without stating whether they are found in the complaint or the answer, is sufficiently certain, where such numbered subdivisions appear in the complaint, and none appear in the answer.</p> <p>Id.—Failure to Find Ownership op Note—Pleading—Conclusion of Law—Surplusage.—The failure to find upon an issue as to the ownership of the note sued upon is immaterial, where the findings cover all the material issues. Where the complaint shows title to the note in the plaintiff, the additional allegation that “plaintiff is still the owner and holder of said promissory note,” is a conclusion of law, and is surplusage.</p> <p>Guaranty of Note—Consideration—Delivery.—A guaranty of a note made prior to its delivery, though written subsequently to its date, has the same consideration as the note. No obligation or liability is incurred by any party to a note until it is delivered</p>