Evans

Evans v. De Lay

Good Law
1889 Cal. LEXIS 991·81 Cal. 103·22 P. 408
Supreme Court of CaliforniaOctober 11, 1889No. 12003California968 words

Opinion

Lead Opinion

Belcher, J.

This action was brought to recover moneys alleged to have been loaned at different times by plaintiff to defendants, several of the loans being evidenced by due bills made by defendants to Mrs. A. B. Evans. The complaint states that the plaintiff was at the time of the loans the wife of Allan B. Evans, and that the money was her separate property. The answer denies that plaintiff was the wife of Aban B. Evans, or that she loaned to defendants any of the money sued for, *104 or that it was her separate property; and, by way of defense, alleges that defendants made a verbal agreement with Evans to sell him a half-interest in their business, and that the moneys alleged to have been loaned were partial payments made by him on his purchase. Plaintiff had judgment, a motion for a new trial was denied, and defendants appeal.

It is urged on behalf of appellants that the court found only inferentially, and not directly, that plaintiff was the wife of Evans, and that therefore the judgment should be reversed. The complaint alleged that defendants executed and delivered to plaintiff each of the due bills sued upon, “ describing her therein by her married name of Mrs. A. B. Evans.” The…

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