California Court of Appeal November 26, 1920, Civ. No. 2133. (Kopperud v. Cookson)

BURNETT, J.

The action was brought by the indorsee of a promissory note given in consideration of the sale of a certain stallion. The defense is that there was a failure of consideration by reason of the false and fraudulent representations made by the seller as to the age, soundness, and procreative ability of the horse, and that “a pretended indorsement or assignment of said note was made by