Thorne v. Yontz , 4 Cal. 321 ( 1854 )

Mr. Justice Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The consideration of the note was clearly against public policy, but it was made to take the form of commercial paper, and having been transferred to an innocent holder before its maturity, in his hands it is purged of the objection, and must be enforced. It is similar to the case of Haight v. Joyce, 2 Cal. 64.

Judgment affirmed.

Cited, 1 Woods, 448.