Wright v. Shoenhair

PRESTON (H. L.), J.,

pro

tem.

This is an appeal hy defendant, George J. Shoenhair, from a judgment entered against him upon a promissory note for $6,000, together with interest, costs and attorney’s fees.

In the spring of 1921 appellant, George J. Shoenhair, was in Atlantic, Iowa, trying to negotiate an exchange of several pieces of land owned by him in California, with a man named Chunning, for lands and securities in North Dakota. While in Iowa, appellant met Peter Hopley, an old acquaintance, who owned 160 acres of land in Merced County, California, adjoining a tract of land owned by appellant. Peter Hopley, at the request of appellant, conveyed his property in California to appellant, and in October, 1921, appellant succeeded in consummating a deal by which he exchanged his California properties, and those belonging to Peter Hopley, for lands and securities in the state of North Dakota. All the lands and securities received in consideration for the exchange were taken in the name of appellant. Among the securities received by appellant was a note for $14,049.87, given by one B. E.Latham, and secured by a mortgage on real property in the state of North Dakota. Six thousand dollars was agreed upon between appellant and' Peter Hopley as the value of Peter Hopley’s equity in his California land. To pay Peter Hopley this $6,000, appellant indorsed on the back of the Latham note of $14,049.87, the following: “I hereby assign a $6,000 interest in the within note to Peter Hopley. (signed) Geo. J. Shoenhair.” This arrangement was not satisfactory to Peter Hopley. Thereafter, and on January 18, 1922, appellant made, executed and delivered to Peter Hopley a promissory note for $6,000, due three years after date with interest at seven per cent, payable annually, which is the note sued upon in this action. Thereafter, and on March 14, 1924, Peter Hopley assigned and delivered said note to F. J. Wright, the plaintiff and respondent herein. No part of said note, or interest thereon, was ever paid, and this action was commenced to collect said note and interest on March 3, 1925. Peter Hopley died before this case was tried.

[165]

Appellant contends that there was an entire want of consideration for this $6,000 note. How appellant can seriously urge this contention we are unable to understand. Peter Hopley transferred to appellant title to 160 acres of land in Merced, California, valued at $6,000, and received this note and the purported indorsement of a part of the Latham note in payment therefor. Neither Hopley in his lifetime, nor respondent, nor anyone else, since his death, has ever received one cent either for the land conveyed to appellant, or on account of the $6,000 note, or on account of the Latham note.