Hewahewa v. Lalakea

OPINION OP THE COURT BY

PETERS, J.

Tliis is tin action by the payee Lily M. Hewahewa against Solomon K Lalakea and Mollie Pang Lalakea, the makers of a promissory note. The instrument is in usual negotiable form, payable upon demand. The plaintiff-payee is referred to in the record both as Lily M. and as Lily L. Hewahewa.

Two defenses Avere urged beloAV, vis., conditional delivery and failure of consideration. The trial court, jury waived, found for the defendants in the alternative upon both grounds, i.e., conditional delivery and, if delivery were not conditional, failure of consideration.

The…