# Drovers National Bank v. Browne

> California Court of Appeal · January 30, 1928 · 88 Cal. App. 716

URL: https://www.frixlaw.com/law-library/cases/9864568

## Case

- **Full name:** The DROVERS NATIONAL BANK (A Corporation), Respondent, v. F. O. BROWNE, Appellant
- **Court:** California Court of Appeal
- **Decided:** January 30, 1928
- **Citations:** 88 Cal. App. 716; 264 P. 265; 1928 Cal. App. LEXIS 286
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Wood
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9864568

## Opinion text

THE COURT.
The petition for hearing herein is denied. In denying such petition we withhold our approval from that portion of the opinion of the district court of appeal ■as follows:
“It has been held in most jurisdictions, among them California, that a general averment that the contract sued on was executed without consideration ‘is but an allegation of a conclusion of law.’ ”
As to that question we express no opinion. We agree with the district court of appeal, however, that under the facts as shown and found in this case the eleventh finding of the trial court may be disregarded as being a conclusion of law. The court found the facts surrounding the execution of the written guaranty of November 9, 1921, by the *724 appellant. Whether these facts were sufficient to show a consideration for said written guaranty was purely a question of law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9864568. Public record. Not legal advice.