Phinney v. Andrus

These are cross-motions. The defendant demurs to the amended complaint upon the ground that it does not state facts sufficient to constitute a cause of action; that there is a defect of parties plaintiff in that plaintiff’s assignor is a necessary party to the action and has not been made a party herein, and that plaintiff has not legal capacity to sue in that the separation agreement annexed to the complaint, and made part thereof, shows upon its face that the alleged contract between the defendant and his wife (plaintiff’s assignor) was personal to her, and the: right to receive payment of…