Poetker v. Lowry
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County and from an order refusing a new trial. Curtis D. Wilbur, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Action upon a promissory note alleged to have been made by defendant to plaintiff. Judgment went for plaintiff, from which, and an order denying her motion for a new trial, defendant appeals.
Defendant interposed a general demurrer to the complaint, which was overruled. This ruling is assigned as reversible error. The demurrer was directed to the absence of any allegation in the complaint showing nonpayment of the note. The only statement purporting to constitute such allegation is “that defendant has refused and still refuses to pay the same.” That a party suing upon a contract to pay money…
2Cases cited3 opinions
- Penrose v. WinterCalifornia Supreme Court · 1901
- Knox v. Buckman Contracting Co.California Supreme Court · 1903
- Stewart v. BurbridgeCalifornia Court of Appeal · 1909
3Cited by5 opinions
- Milstein v. SartainCalifornia Court of Appeal · 1943
- Smith v. BentsonAppellate Division of the Superior Court of California · 1932
- Watkins v. ClemmerCalifornia Court of Appeal · 1933
- Fancher v. BrungerCalifornia Court of Appeal · 1949
- Gordon v. Tejunga Water & Power Co.California Court of Appeal · 1920