Hoffman

The Hoffmans, husband and wife, filed a complaint for damages against Babbitt Brothers Trading Company, a corporation.. Babbitt filed a motion to dismiss the complaint, claiming the complaint “fails to* state a claim for relief against the-defendant”, which motion the court denied, and' Babbitt’s answer followed, putting the basis-for the action in issue. . Thereafter Babbitt-filed a motion for summary judgment under Rule 56, Federal Rules, of Civil Procedure,. 28 U.S.C.A., and the court granted it. -The-Hoffmans appeal.

Briefly, according to the complaint, the Hoffmans, or Mrs. Hoffman, carried a checking account with an Arizona bank. There existed a dispute between Hoffma-ns- and the Capital Feed & Seed Co. of Phoenix, Arizona, as to a claimed sum owing to* the latter by the Hoffmans. Without Hoff-mans’ knowledge, Capital Co. drew on the-bank and the bank, without authorization* honored'the draft; Subsequently the Hoff-mans- purchased merchandise from Babbitt and gave two checks in payment. The-checks were dishonored for lack of funds.

Thereupon, an officer of Babbitt’s sought and' obtained a, criminal complaint in Arizona. in two counts against Mrs. Hoffman; for writing…