Havens v. Foskett

FINCH, P. J.

The plaintiff, as assignee of Central Finance Company, a corporation, brought this action to recover the amount of six trade acceptances drawn by J. B. Vallen, doing business as Cadillac Manufacturing Company, upon defendants and duly accepted by them. They are all of one series, dated February

2,

1923, and payable 65, 70, 75, 80, 85, and 90 days respectively after date. They are all identical in amount and in terms except as to time of payment. The first one of the series reads as follows:

“Trade Acceptance

$105.00 San Francisco, California Feby

2,

1923.

Date of Sale.

To Ives Hdw Co

Dealers Name.

6th St Los Banos 'Calif

Street Address Town and State

Sixty Five Days after date pay to the order of ourselves

days or Months.

at San Francisco, Calif One Hundred and Five and no/100 Dollars.

[655]

This is one of a series of Trade Acceptances. Failure to pay any when due gives holder the option to declare any or all of the series due and payable. If action is instituted hereon, the undersigned promise to pay a reasonable attorney’s fee in any such action.

Accepted at Los Banos Calif. On Feb 2 1923

Dealer’s Town Same date of Order.

Payable thru Portuguese American Bank

Name of Dealer’s Bank.

Cadillac Mfg. Co. Located at Los Banos Calif Ives Hdw Co

Signature of Acceptor or Trade Name