Hunt

Plaintiff’s complaint, as amended, sought recovery of monies expended for taxes on an apartment building in Westwood. Four causes of action were alleged. The first and third causes of action both pleaded a written agreement (dated September 6, 1966) whereunder defendant guaranteed partial repayment by a certain date of the total tax monies advanced ($135,000) to the extent of $67,910.12; in the first cause of action plaintiff sought recovery in its capacity as the successor in interest of a California corporation (Kirkeby-Natus, Inc.), while in the third cause of action plaintiff alleged it was then doing business under the fictitious name of Kirkeby-Natus, Inc. The second and fourth causes of action were on a common count for the above sum ($67,910.12) advanced at defendant’s special instance and request; the second cause of action alleged that the sum in suit was advanced by plaintiff’s predecessor in interest (Kirkeby-Natus, Inc.), while the fourth cause of action alleged the same matters except that plaintiff was then doing business under the fictitious name of Kirkeby-Natus, Inc. Following a court trial, it was adjudged that plaintiff take nothing by its amended…