Berson

This is an action brought by plaintiff, as the surviving partner of the firm of A. Berson & Son, against all the defendants, except R. E. Corson, as partners under the firm name of Ewing, Plum & O’Brien, and said Corson, to recover damages for maliciously prosecuting another suit on a fraudulent claim, and obtaining a writ of attachment thereon, and causing the same to be levied upon the property of the firm of A. Berson & Son.

Two demurrers to plaintiff’s complaint were filed,—one by defendants Flood and Coleman, and the other by defendants Plum and Corson. Both were sustained, and judgment thereupon entered for defendants. From this judgment plaintiff appeals. The complaint is in substance as follows:—

*91 The plaintiff and A. Berson were partners doing business in the city and county of San Francisco, under the firm name of A. Berson & Son, until December 24, 1883 (?), when the said A. Berson died. On or about the first day of June, 1885, the defendants, other than Corson, who were then and still are partners under the firm name of Ewing, Plum & O’Brien, maliciously, and for the purpose of injuring A. Berson & Son, pretended to have a claim against the latter for a large…