Reports of Cases Determined in the District Courts Volume 15

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...declared without profits, the inclusion of such dividend in the settlement is valid as constituting the compromise of a doubtful claim asserted in good faith, which became a sufficient consideration for the promise to repay it, whether it could be lawfully recovered back or not. Moreover, the settlement made, upon an extension of time, and the waiver of further claim upon the bond, was a sufficient consideration for the repayment of such dividend. Id.--Failure Of Pkoof--Finding Ob Order Not Supported.--The absence of a finding upon an issue not proved, or the failure of the court to act in the absence of evidence sustaining its action, constitutes no error. APPEAL from a judgment of the Superior Court of Los Angeles County. N. P. Conrey, Judge. The facts are stated in the opinion of the court. Milton K. Young, and John I. Stafford, for Appellants. Schweitzer & Ilutton, for Respondent. SHAW, J.--Action to recover upon five promissory notes made and delivered by defendants to plaintiff's assignor. Judgment went for plaintiff, from which defendants appeal upon a bill of exceptions. The defense is based upon the alleged fact that in part the notes were without consideration, and that all were procured by fraud and threats to have defendant Sullivan arrested for embezzlement. The notes were duly made and delivered to the Acme Door and Glass Company, which transferred them to plaintiff. On June 21, 1906, one W. E. Little, who was a stockholder and president of the Acme Door and Glass Company, entered into an agreement with defendant Sullivan, whereby the latter was employed as manager of the Acme Door and Glass Company for a period of one year. Under the terms of the agreement Sullivan's compensation was to be $150 per month and thirty per cent...