Salinas City Bank v. De Witt

The plaintiff seeks to establish a joint liability against the defendants for the amount of an over-draft at its bank. The making of the over-draft was by the defendant George De Witt, and the plaintiff seeks to hold the defendant William De Witt liable therefor by showing that a partnership relation existed between the two. The complaint, which is unverified, alleges “that the defendants are indebted to the plaintiff, on account of moneys had and received by them from the plaintiff *79 at their special interest and request, in the sum of $865,” and “that the amount of the said indebtedness is the balance of an account had by the defendants with the plaintiff, wherein the defendants deposited money with the plaintiff and drew money from the plaintiff, and the said sum is the balance of the said account, consisting of what is called an over-draft, .and interest thereon.” To this complaint the defendant William De Witt made .a general and specific denial. The case was tried by the court, judgment was rendered against him, from which, and also from an order denying his motion for a new trial, he has appealed.

It was essential for the plaintiff, in order to fix the liability of…