Giletti v. Saracco
Giletti v. Saracco
Opinion of the Court
This is an appeal by defendant upon the judgment-roll alone from a judgment in favor of plaintiff.
The action was upon three certain written obligations in the nature of promissory notes, for the payment of money, made by appellant to respondent, payable to the. latter on demand, and delivered to him by appellant.
The court found that each of these obligations—called by court and counsel promissory notes—was executed by appellant to respondent and delivered to him on the respective days alleged in the complaint; that they were executed in consideration of a certain named sum of money, United States gold coin, “loaned by plaintiff to defendant at the respective dates thereof,” and “ that no part of the principal or interest due on said promissory notes has ever been paid, but that the whole thereof remains now due, owing, and unpaid.”
Assuming that these matters set up in the answer constitute a defense at all, then if they were not affirmative matter, but merely denials, as counsel for appellant seems to regard them in his final brief, they are fully covered by the findings. But under any view of their character, as appellant introduced no evidence to support them, and as the findings "are sufficient to sup
The judgment is affirmed.
Henshaw, J., and Temple, J., concurred.
Reference
- Full Case Name
- SECONDO GILETTI v. CARLO SARACCO
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Action upon Notes—Denial op Consideration—Plea op Special Agreements—Findings.—In an action upon several promissory notes, where the court finds that they were executed by the defendant in consideration of a loan by plaintiff to the defendant, and that no part of the principal or interest due on the notes has been paid, the findings sufficiently cover issues raised by the answer as to want of consideration of the notes, and by plea of special agreements to the effect that, as to one of them, he was not to be obliged to pay it until he should be able, and that, as to another, it was given with the understanding that a joint maker with him was the person that was to pay that note. Id.—Failure to Find upon Issues—Want op Evidence.—A failure to find upon issues, a finding upon which would merely have the effect of invalidating a judgment fully supported by the findings made, will not be held ground for reversal, where it is not shown by statement or bill of exceptions that evidence was submitted in relation to such issues.