Central California Commercial College v. Shrewsbury
Central California Commercial College v. Shrewsbury
Opinion of the Court
Plaintiff and respondent corporation brought this action against defendant and appellant Ruth G. Shrews-bury, as executrix of the estate of William C. Shrewsbury, deceased, upon a rejected claim for payment of a promissory note dated June 25, 1949, made and delivered to plaintiff by deceased, during his lifetime. William C. Shrewsbury, president and manager, and C. S. Bowlby, vice president, as partners, operated the college and later it was incorporated. Each was issued 500 shares of stock. One share of common stock
As to the claim of payment, the burden of proof was upon defendant. (Roesck v. De Mota, 24 Cal.2d 563 [150 P.2d 422].) It appears that the trial court allowed offset credits, taken from the ledger account of the corporation, under the heading “Notes Receivable.” This showed certain credits. One-half of the amount there indicated was $3,373.03, which was allowed on the note of Shrewsbury, leaving a balance due of $4,126.97. Judgment was entered accordingly, plus attorneys ’ fees, costs and interest.
The ledger credit accounts are somewhat involved. The premises occupied by the school were owned by Bowlby and his wife and Shrewsbury and his wife as undivided tenants in common, and certain of these credits represented money due them in payment of rentals and for salaries due. One item of $1,000, on June 30th, 1954, was for the agreed value of a lot deeded to this school by Shrewsbury. There is expert testimony of accountants that these items of credit had been established and the court so found upon sufficient evidence.
The item of credit in the sum of $1,000, added on the motion for new trial, arose out of a credit to the account in the sum of $2,000 ($1,000 each) which the court applied in the first judgment as a payment on two similar promissory notes in the sum of $3,500 each, which had been outlawed and which were so considered by the parties at the time the payment was made. The notes had been destroyed by them. The court held this purported payment could and should be reallocated and credited as a payment on the present note. There is sufficient evidence to support this finding. We are bound by the familiar rule that the appellate court must accept as true all evidence tending to establish as true the correctness of the finding as made. (Bancroft-Whitney Co. v. McHugh, 166 Cal. 140 [134 P. 1157].)
Judgment affirmed.
Barnard, P. J., and Mussell, J., concurred.
A petition for a rehearing was denied May 9, 1957, and appellant’s petition for a hearing by the Supreme Court was denied June 12, 1957.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.