Pasadena National Bank v. Shorten

YORK, J.

Plaintiff bank obtained judgment in the superior court against defendant on three promissory notes, two of them being notes which the defendant signed and indorsed and both were made payable to order of “myself at Pasadena National Bank”; both were for $2,000, and the third note for $1,250, signed by defendant, was made payable to the order of the Pasadena National Bank, Pasadena, California.

These three notes were delivered to one Irvin Jordan by defendant, and were turned over by Jordan to the plaintiff bank, who gave said Jordan full credit therefor upon its books, and the said Jordan withdrew the whole of said amount.

[453]

The peculiarity of the transaction can he briefly stated as follows: The defendant met said Irvin Jordan at the Standard Union Finance Corporation, with which organization said Jordan was then connected. Said Jordan informed him that he was about to become the principal owner of the Pasadena National Bank and that if defendant would sign the notes, Jordan would secure the money for the said defendant at said bank. The defendant testified that he received absolutely nothing excepting this promise from Irvin Jordan for said three notes. Thereafter, Jordan for a short time was in control of the Pasadena National Bank, but was ousted from control, and, according to the evidence, was for a time apparently a fugitive from justice. The plaintiff instituted suit upon these notes and immediately thereafter, at the demand of the bank examiner, the directors of the Pasadena National Bank put up, hurriedly and informally, but personally, sufficient moneys to protect the bank for the full amount of these notes. The action proceeded in the name of the bank.

The first objection of the appellant is, that the trial court allowed an amendment to the complaint, which was an amendment to conform to the proof, to be filed at the time of trial. An examination of the record discloses the fact that the trial judge properly exercised his discretion.

The next point made by appellant is that the court abused its discretion in refusing to grant a continuance to the defendant after the filing of the amendment to the complaint. An examination of the record discloses that this was not an abuse of the discretion vested in the trial court.