Furuheim v. Floe

—Plaintiffs, a marital community, brought this action to recover damages from defendant marital community for personal injuries alleged to have been sustained by plaintiff husband as the result of an assault upon plaintiff husband by defendant husband. Trial of the cause to the court and a jury resulted in a verdict in favor of the plaintiffs. From the judgment entered on the verdict, the defendants have appealed.

Counsel for appellants insist that, as appellant husband was acting in his separate capacity and not as the agent of the community, the judgment can be sustained only against…