Ferro v. Los Angeles First National Trust & Savings Bank

VALENTINE, J.,

pro tem.

This was an action brought by the plaintiff as the assignee of one Pietro Ferro, against G. C. B. Swisher, since deceased, and Angelus Young. A trial was had by the court without a jury, and upon the conclusion of the trial judgment was given in favor of the plaintiff and against the defendant Angelus Young, and in favor of the defendant Swisher, against the plaintiff. This appeal is by the plaintiff against that portion of the judgment wherein judgment was given in favor of the defendant Swisher.

We cannot see that there is anything before this court for consideration, except the question of whether the findings support that portion of the judgment in favor of the defendant Swisher.

There is no specification that the evidence fails to support any of the findings of the trial court, nor any assignment of error.

The first fifteen pages of appellant’s brief are devoted to a statement of the pleadings and the facts and “the important features of this case in their chronological order,” immediately after which, on page 16, is the following: . '

“The questions involved in this appeal are these:

“1. Can it be said that adversaries in a lawsuit occupy such a relation of trust and confidence that the parties are exonerated from reading contracts with each other?

“2. Assuming that there was a confidential relationship existing between the defendant Swisher and the defendant

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Young, can it be said that any misrepresentation by the defendant Young is chargeable to plaintiff’s assignor ?

“3. Where the defendant Swisher knew that he was signing as

surety

for the defendant Young and in favor of the plaintiff’s assignor, Ferro, and where the defendant Swisher had the utmost confidence in the defendant Young, can the defendant Swisher then state that he believed that the amount of his obligation was less than that stated in the instrument, and that the legal effect of the instrument was different from that which he believed?”