Gattavara v. Caldwell

The defendants prosecute this appeal from a judgment entered on findings in favor of the plaintiff, in an action to recover a balance claimed to be due on a promissory note.

Admitting the execution and delivery of the note upon which respondent sought to recover, the appellants alleged partial’payment of the note by transfer to the respondent of the promissory note of a third person. Respondent insisted in the trial court, and now contends, that the promissory note of a third person was accepted by him as collateral security, and not as partial payment of appellants ’ note.

Did the respondent…