Gruhn
Gruhn v. Stanley
Opinion
Lead Opinion
Vanclief, J.
This is an action to recover one thousand dollars, “ for money loaned and advanced” by plaintiff to defendants, in which the trial court gave judgment for the defendants. The plaintiff appeals from the judgment, and from an order denying his motion for a new trial.
*87 The complaint avers that the “ defendants .... are indebted to the plaintiff in the sum of one thousand dollars ($1,000), for and on account of moneys loaned and advanced by said plaintiff to said defendants,” and “that defendants promised and agreed to pay said sum to plaintiff upon demand,” etc.
By her separate answer, the defendant Bertha, for herself alone, specifically denies each allegation of the complaint, so far as it applies to her. But she does not plead any misjoinder of defendants. The separate answer of the defendant William denies that the defendants are indebted, etc., for moneys loaned or advanced to the defendants; denies that defendants promised or agreed to pay, etc.; but “avers that he is individually indebted to plaintiff for money loaned to this defendant personally by said plaintiff, but that said defendant Bertha Stanley was not a party to said last-mentioned transaction.”