Castro & Rouvier, S. en C. v. Meléndez
Castro & Rouvier, S. en C. v. Meléndez
Opinion of the Court
delivered tbe opinion of the court.
From the pleadings and a part of the opinion of the court there can he no doubt that the complainant in this snit is the firm of Castro & Rouvier, a limited partnership (S. en C.).
The first assignment recites that the court committed error in admitting in evidence a document which showed the
The third assignment of error is as follows:
“The trial court erred in bolding that the defendants had several opportunities to read and examine the document and that they could have appeared at the trial but failed to do so, in order to attack the authenticity and execution of the alleged promissory note. ’ ’
Perhaps the appellants are right in maintaining that before the trial they had no opportunity to read the promissory note, but, as it is customary in those cases, they would have had the opportunity to examine it if they had made a request before the trial, and the error, it seems to us, reduces itself to a verbal criticism. We are quite satisfied that the comments of the court did not affect the real decision of the case.
The fourth assignment is that the court committed error in applying section 10, subdivision 3, of the Uniform Law of Negotiable Instruments. Perhaps the court was mistaken, but it did not affect the right of this firm to recover judgment on the note.
The fifth error is perhaps a little more serious. It reads as follows:
“The trial court committed an important error in entering judgment on the ground that the note sued on and which is denied in the answer was presented and admitted, which note could not be admitted because it was never presented to the court at the trial. (Additional stenographic notes). It also erred in sustaining the complaint without sufficient evidence in support thereof.”
Now, the court was perfectly satisfied, and said so in a so-called “aclaración” of the statement of the case, that the note was duly presented in evidence. The appellants maintain that the record shows that it was not. There can be no doubt, however, that the promissory note was being handled by the plaintiff during the progress of the trial and that the suit was founded on that note. We think it makes
Therefore, the judgment should be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.