Lilienthal v. Kaufman

TMs is an action to collect two promissory notes. The defense is that the defendant maker has previously *3been declared a spendthrift by an Oregon court and placed under a guardianship and that the guardian has declared the obligations void. The plaintiff’s counter is that the notes were executed and delivered •in California, that the law of California does not recognize the disability of a spendthrift, and that the Oregon court is bound to apply the law of the place of the making of the contract. The trial court rejected plaintiff’s argument and held for the defendant.

This same defendant…