Frost v. Harford
California Supreme Court
Appeal from tbe District Court of tbe Second District, Butte County. Tbis action was brought in tbe name of S. L. Frost and Margaret F. Frost, bis wife, against defendant, administrator of tbe estate of William Harford, deceased, to recover a sum of money due- on a note executed and delivered to said Margaret F. Frost, by said Wm. Harford during bis lifetime. Defendant demurred to tbe complaint on tbe ground of misjoinder of parties plaintiff in tbe action.
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Appeal from tbe District Court of tbe Second District, Butte County. Tbis action was brought in tbe name of S. L. Frost and Margaret F. Frost, bis wife, against defendant, administrator of tbe estate of William Harford, deceased, to recover a sum of money due- on a note executed and delivered to said Margaret F. Frost, by said Wm. Harford during bis lifetime. Defendant demurred to tbe complaint on tbe ground of misjoinder of parties plaintiff in tbe action. Tbe demurrer was overruled. Tbe cause was tried by tbe Court, and judgment rendered in favor of plaintiffs. Defendant moved for a new…
1Opinion of the Court
Wallaoe, J.,
delivered tbe opinion of tbe Court, Temple, J., Cbookett, J., and Rhodes, C. J., concurring:
There was upon tbe face of tbe complaint no misjoinder of parties plaintiff. It did not appear by any averment in tbe complaint that tbe plaintiffs were husband and wife at tbe time tbe note was given to tbe female plaintiff. Tbe demurrer was, therefore, properly overruled.
*166Tbe finding of tbe Court below is, tbat tbe defences set up in tbe answer (tbat tbe note in suit was not made by tbe deceased, William Harford; tbat there was no consideration etc.,) are not true in point of fact, and as…
2Cited by5 opinions
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- Prichard v. KimballCalifornia Supreme Court · 1923
- McGowan v. Peoples BankCourt of Appeals of Kentucky · 1919
- McGuffin v. Coyle and GussSupreme Court of Oklahoma · 1906