First Nat'l Bank of Redlands v. Bowers

THE COURT

The facts touching the controversy between these parties will be found elaborately set forth in the opinion of this court upon a former appeal.

(First National Bank

v.

Bowers,

141 Cal. 253, [74 Pac. 856].) Upon the first trial the lower court construed the guaranty given by defendant to plaintiff as being so free from doubt as not to call for or permit the introduction of evidence touching the circumstances of its execution in explanation of it, and held, in accordance with the contention of defendant, that the guaranty of “ninety per cent of the face of all drafts for oranges with bill of lading attached” meant that such bills of lading as accompanied the drafts should have been transferred to the

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bank by the Haight Fruit Company, so as to operate as a pledge of the oranges and as security for the benefit of the guarantor, and by such transfer to place the consignment under the absolute control of the bank and beyond the control of the fruit company; that this was a condition precedent to her liability under the guaranty, and not having been complied with, such liability never attached.

(First National Bank

v.

Bowers,

141 Cal. 258, 259, [74 Pac. 856].) Upon appeal this court held that the wording of the guaranty was not so plain, unambiguous, and certain) as to have justified the court in refusing evidence explanatory of it.

A new trial was had before a jury and such evidence was introduced. The verdict of the jury, followed by the judgment of the court, was in favor of the defendant. Plaintiff’s brief upon appeal is devoted in great part to an analysis and criticism of the evidence of the defense and to attacks upon the instructions given by the court. It would be impossible, within the limitations of a judicial opinion, to discuss these matters

seriatim.

Mrs. Bowers’s plea and evidence were in accord with the construction which, as above stated,