Kiel v. Reay

Citations

• 50 Cal. 61
• 1875 Cal. LEXIS 83

Syllabus

<p>Issues must be Settled befobe Judgment.—If, in an action on a promissory note, the defendant denies that the plaintiff is the owner and holder of the same, and special issues are submitted to a jury which do not constitute a defense if the plaintiff is the owner and holder of the note, and the jury find on the special issues alone, it is error for the court to render judgment until there is a finding on the issue of ownership.</p> <p>Promissory Notes.—If the payor of a note conveys land to the holder, by way of security for its payment, and the holder afterwards sells the notes to a third person, and then conveys the land to another person to secure his own debt, these facts do not constitute a defense, if such third person sues the payor to recover on the notes.</p>