Bentel
Merchants' Trust Co. v. Bentel
Opinion
Lead Opinion
Taggart, J.
Action against three of eight guarantors of a promissory note. After the demurrers interposed to the complaint by the several defendants were overruled, the defendants Tonkin and Barlow answered to the complaint, and the defendant Bentel, appellant here, filed an answer and also a cross-complaint which was subsequently amended. In the latter he asked to have the other guarantors brought in and made parties to the action and for judgment against them and the two other defendants in his favor for the sum of $1,000, alleged to have been paid by him on the note sued on. Demurrers to the amended cross-complaint filed by plaintiff, the defendant Tonkin, and the five parties asked to be brought in, were sustained without leave to amend, and judgment went for plaintiff on its complaint against the three original defendants for the amount claimed. The defendant George R. Bentel appeals from the judgment and presents as ground for its reversal the erroneous ruling of the trial court in sustaining the demurrers to his amended cross-complaint without leave to amend.
But one question of law is presented: Was appellant entitled to have his coguarantors made parties and their respective…