Crocker-Woolworth National Bank v. Carle

SMITH, C.

—The plaintiff sued, as assignee, to recover the amount due on a promissory note, of date August 5, 1897, made by Silas Carle, the defendant’s testator, to the “Rae Building and Contracting Co.” for the sum of one thousand dollars, “ said amount to be paid on or before the completion of a certain contract entered into in the month of September, 1896, by and between [the maker] and the board of regents of the University of California,” etc., and assigned to the plaintiff. The complaint, besides the other necessary allegations, alleges the death of the maker on or about September…