Bearden

Appeal from a judgment in favor of the defendant entered following an order sustaining a demurrer to the complaint without leave to amend.

The action was for damages in the sum of twenty-five thousand dollars, the gravamen of the complaint being that the plaintiff, Tempest Bearden, as the result of the wrongful refusal of the defendant to honor a check drawn by her, was at the instance of the payees of the cheek arrested and imprisoned and subjected to indignities incidental to such arrest. The complaint contains an allegation to the effect that after a first refusal of the defendant to pay said check upon the ground of lack of funds to meet it, the payees “personally presented said check to said defendant and told said defendant that unless said check was paid they would cause the arrest of said plaintiff, Tempest Bearden, but notwithstanding said knowledge and in spite thereof the said defendant negligently, willfully and maliciously refused to honor said check . . . , ” and the only question in the case, as is stated in the brief of the appellants, is whether the quoted allegation takes the case out of the rule laid down in Hartford v. All Day and All Night Bank, 170 Cal. 538…