[DOWNLOAD] "Coast Bank V. Holmes" by Fourth Appellate District, Division Two Court of Appeal of California * eBook PDF Kindle ePub Free

eBook details

Title: Coast Bank V. Holmes
Author : Fourth Appellate District, Division Two Court of Appeal of California
Release Date : January 24, 1971
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

Plaintiff (Bank) brought the present action on a promissory note to recover the principal ($51,053), accrued interest, and attorney fees. Defendant (Holmes) admitted execution of the note but pleaded failure of consideration, nonoccurrence of conditions precedent, constructive fraud and illegality. He also cross-complained for reformation. Except as to illegality, the court found in favor of defendant on all affirmative defenses and adjudged that plaintiff take nothing on the complaint. In addition, the judgment decreed reformation of the note as prayed for in the cross-complaint and awarded defendant attorney's fees in the sum of $9,836. The Bank appeals from the judgment.