McEwen v. Johnson

Citations

• 7 Cal. 258

Syllabus

<p>An order drawn hy a creditor on his debtor is prima facie evidence of an assignment of the debt pro tanto, and if accepted will bind all parties.</p> <p>The good faith of the assignment being questioned, evidence going to show a previous pledge of the fund is admissible.</p> <p>The findings of a Court sitting as a jury, may refer to the pleadings for the facts found, provided the reference is sufficiently distinct, and the facts are sufficiently stated in the pleadings.</p> <p>Where the defeat of plaintiff would inevitably result in S. obtaining the fund in controversy : Held, that S., although not a party to the suit, was incompetent as a witness.</p>