Marks v. Sayward

Citations

• 50 Cal. 57
• 1875 Cal. LEXIS 82

Syllabus

<p>Pabtnebship Lien—Pleadings.—If one of two partners assigns to a third person his interest in a promissory note belonging to the firm, and the other partner collects the full amount due on the note and is sued by the assignee for half the amount collected, he must, if he has an equitable lien on the same on account of money advanced by him to the partnership, set up such lien in his answer, or he cannot enforce it.</p> <p>Pleading Equitable Defense.—In an action at law for money had and received, an equitable defense, if it exist, must be pleaded.</p> <p>Finding of Facts.—Findings of facts must be within the issues, and if facts are found outside the issues they will not be regarded.</p>