Doughty

Doughty v. Moors

Caution
1918 Cal. App. LEXIS 116·38 Cal. App. 53·175 P. 275
Court of Appeal of CaliforniaAugust 12, 1918Civ. No. 1807.California966 words

Opinion

Lead Opinion

Hart, J.

A demurrer to the amended complaint filed in this action was sustained, and, plaintiff declining further to amend, judgment was entered in favor of defendants, from which judgment plaintiff prosecutes this appeal.

We have this day filed an opinion affirming the judgment in an action, Civil No. 1806, wherein the plaintiff here was plaintiff and Frank Moors, J. R. Clark, and C. W. Crouch were defendants. (Doughty v. Moors, ante, p. 48, [ 175 Pac. 273 ].) The allegations of the amended complaints in both actions are the same, except that in lieu of the averments in No. 1806 respecting an indebtedness to the J ames H. Goodman and Company Bank, the following is set forth in the case under review: “That, on said 19th day of June, 1915, and for more than, six months prior thereto, the defendants, C. W. Crouch and S. Grace Crouch, were indebted to the defendant, Frank Moors, in the sum of $2,000.00 upon a promissory note made and executed by them”; that, in April, 1915, ‘‘the defendant, E. L. Armstrong, by an instrument in writing guaranteed the payment to said Frank Moors” of said promissory note; that, on or about said nineteenth day of June, 1915, the defendants entered into an…

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