Maurer v. Bernardo

This is an appeal by plaintiff J. M. Maurer from a judgment entered in favor of the defendant M. Bernardo in an action upon a promissory note. The facts are not in dispute and are briefly these:

On December 2, 1922, defendant executed and delivered to the assignor of plaintiff a conditional promissory note in the sum of $500. The condition precedent, contained in the note, was performed and the note became due and payable on November 2'6, 1923. The note was not paid. It was assigned to plaintiff and placed in the hands of his attorney, Daniel Bygel, of Oakland, California, for collection. Mr.…