Fidelity Title Guaranty Co. v. Ruby
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Yuma. Frank Baxter, Judge. STATEMENT OF FACTS BY THE COURT. The appellant commenced this action against the appellee to recover judgment upon the following instrument in writing: “Yuma, Arizona, April 22, 1911. “One year after date for value received will pay to Jose Asencio the sum of three hundred and no/100 dollars ($300.00). “J. RUBY.”
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APPEAL from a judgment of the Superior Court of the County of Yuma. Frank Baxter, Judge. STATEMENT OF FACTS BY THE COURT. The appellant commenced this action against the appellee to recover judgment upon the following instrument in writing: “Yuma, Arizona, April 22, 1911. “One year after date for value received will pay to Jose Asencio the sum of three hundred and no/100 dollars ($300.00). “J. RUBY.” It is alleged in the complaint that said instrument was sold and assigned to the plaintiff August 24, 1913, for a valuable consideration, and that the plaintiff is the owner and holder thereof,…
1Opinion of the CourtCunningham, J.
This action was commenced by the appellant as the holder for collection of the written instrument in suit. It acquired such instrument for the purpose of collection and suit on August 24, 1913, and after maturity, as appears from the face of the instrument. The defenses that may be interposed as between the original parties to the instrument are open to the maker in this action, for the reason the plaintiff is not shown to be an innocent holder for value before maturity, nor a holder without notice of such defenses. It is charged with notice of all facts connected with the transaction of…
2Cases cited2 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Burnes v. ScottSupreme Court of the United States · 1886
3Cited by5 opinions
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- Albert Steinfeld & Co. v. TewArizona Supreme Court · 1929
- Dickson v. ProtzmanWashington Supreme Court · 1923
- Neil v. TuleyArizona Supreme Court · 1929
- Hoopes v. LongArizona Supreme Court · 1932