California Jewelry Co., Inc. v. McDonald

Appellant, California Jewelry Company, Inc., brought this action on a promissory note for $15,000 given as the outgrowth of negotiations between one Kelley, who was a jeweler at Hailey and who for some time prior thereto handled jewelry of appellant and respondent, with reference to the sale and purchase of a Marquise diamond ring, sent by appellant to Kelley and then delivered to respondent. The note, executed November 7, 1930, by James McDonald was payable to H. W. Kelley or order and was indorsed on the back thereof “H. W. Kelley.” Respondent alleged three affirmative defenses: (1) Fraud;…