Donato v. Fishburn

McFATE, Judge of the Superior Court.

This is an appeal from a judgment of the trial court sitting without a jury, declaring that a certain promissory note signed by M. T. Donato was the community obligation of the maker and his wife, Iris E. Donato, and entering judgment accordingly. The appellants contend that the note was the sole ' and separate obligation of M. T. Donato.

The facts in the case are as follows:

Prior to executing the note referred to, Mr. Donato was president and owned 60% of the capital stock of Period Homes, a California corporation. He and two other individuals had organized…