Goodsell v. Phillips
Goodsell v. Phillips
Opinion of the Court
The complaint in this case contains two causes of action separately stated; one for the balance claimed to be due as commission for procuring
We see little in this case but questions of fact. Upon the material questions the evidence is in dispute, and the trial court found the facts to be as contended for by the respondent and which the evidence offered by him supported. There can be no question as to the right of the respondent to recover upon both causes of action.
As to the second cause of action, it appears that, while the note was given as an accommodation matter and without consideration, it is specifically found by the trial court that it was transferred and delivered to the respondent before maturity. Rem. Comp. Stat., §3420 [P. C. §4100], provides:
“An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.”
The judgment will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.