Singh v. White

MR. JUSTICE PLUMMER Delivered the Opinion of the Court.

The plaintiff had judgment against the defendant for the principal and interest due upon a promissory note executed by the defendant and delivered to the plaintiff, which note is in the following words and figures, to wit:

“1400.00 September 25/28

“For value received I promise to pay to Bujah Singh Fourteen Hundred 00/100 1400.00. In ninety days from date at West Island, Calif.

“H. S. White

“This note is to cover labor bill in full for all Hindu help.”

From the judgment in favor of the plaintiff the defendant appeals.

The record shows that an answer was filed by the appellant which, among other things, alleges that the note was secured by fraud and misrepresentation, and that at the time of the execution of the note, items aggregating the sum of $1344.72 were paid by the defendant for the uses and purposes of the plaintiff, and were not taken into consideration in the settlement of an account which terminated in the

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execution of the note sued upon. The record shows that H. S. White was the owner of certain lands situate on what is known as West Island, in the San Joaquin River; that the plaintiff, during the years 1927 and 1928, the period involved in this action, had been in the employ of the defendant, operating the farm lands referred to. The record further shows that in September, 1928, the plaintiff and the defendant had a settlement of accounts, and at the time of the settlement the accounts showed a balance due in favor of the plaintiff in the sum of $1,410.21, and that at said date, to wit, September 25, 1928, the defendant executed and delivered to the plaintiff the promissory note sued upon in this action.

The allegations of the defendant’s answer are to the effect that subsequent to the first day of April, 1927, the defendant paid to plaintiff, either in cash or in cash paid to third parties, for and on behalf of the defendant, the following items: $600.17 to Gianelli Company at Stockton; to various persons, cash in the sum of $626.30; for doctors and hospital bills, $63.25; and cash to the plaintiff in the sum of $55; aggregating, as we have stated, the total sum of $1344.72, and that these various payments were not taken into account at the settlement had between the plaintiff and the defendant on September 25, 1928. At the time of the settlement it appears that various papers, vouchers, checks and bills were in the possession of the plaintiff and the defendant, and were used by them in making up the statement of account appearing in the transcript. This statement was made out by the defendant, he copying items from the various papers had by the parties covering the transactions between them. This statement of account, made out by the defendant, shows an indebtedness on the part of the defendant to the plaintiff in the sum of $1410.21. To cover this indebtedness, the $1400 note was executed. The defendant’s testimony as to this statement is as follows: “We figured it all up, of course; subsequently, straightened it out; deducted the amount that we claimed was not coming. It was in my handwriting, at Tara Singh’s place of business; that was the last settlement; I cannot tell you the date; I gave him all my deductions; approximately all the time was considered from one date to another without deducting for the times of absences, and the second sheet of exhibit 2 (the account referred to), is the account of Tara