GOLD v. MAXWELL

Docket No. 23686.

176 Cal.App.2d 213 (1959)

1 Cal. Rptr. 226

DAVID S. GOLD et al., Respondents, v. RICHARD MAXWELL et al., Defendants; DAVID RAKSIN, Appellant.

Court of Appeals of California, Second District, Division Three.

December 14, 1959.


Attorney(s) appearing for the Case

Abraham Marcus for Appellant.

Morton R. Goodman for Respondents.


VALLÉE, J.

Defendant Raksin appeals from a judgment for plaintiffs in an action on a promissory note dated January 1, 1956, for $3,000, payment of which Raksin guaranteed. Defendant Maxwell did not appear in the action. As a defense, Raksin pleaded fraud in the procurement of the note and the guaranty and a counterclaim.

The court found: 1. Due execution of the note. 2. No part of the principal or interest has been paid, and there is unpaid $3,000 principal...

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