Hillco, Inc. v. Stein

Opinion

COBEY, Acting P. J.

Plaintiff, Hillco, Inc., appeals from a judgment dismissing with prejudice its joint debtor proceeding (Code Civ. Proc., §§ 989-994) against defendant, Leonard Stein,'following the sustaining, without leave to amend, of said defendant’s demurrer to plaintiff’s amended complaint. The sole issue presented is whether a joint debtor proceeding can be prosecuted upon a cause of action for money had and received. We believe not for reasons that follow.

Facts

On June 7, 1974, plaintiff, a California corporation, recovered against one T. J. Costello, Doe One, doing business as…