George

George v. Meyers

Good Law
154 C.C.A. 411·241 F. 653·4 Alaska Fed. 562·1917 U.S. App. LEXIS 1806
United States Court of Appeals for the Ninth CircuitMay 7, 1917No. 2805California1,153 words

Opinion

Lead Opinion

Hunt, J.

Mrs. George Meyers brought action against Michael George, stating two causes of action: One for services rendered; the other for rental of a store building occupied and used jointly by Mrs. Meyers’ husband and the defendant, George. Plaintiff alleged that Meyers for good and valuable consideration assigned and transferred to her the demand for rental, and that she was at the time of the institution of the action the lawful owner and holder of the claim. The defendant filed a general denial, and made counterclaim for money loaned by him to plaintiff. The jury rendered a general verdict in favor of plaintiff for $418.35. Judgment was entered upon the verdict, new trial was denied, and the defendant George sued out a writ of error.

Mrs. Meyers testified to the effect that her hüsband had assigned to her the rental account involved in the second cause of action. Upon cross-examination she was asked how much she paid her husband for the account. Counsel for plaintiff below objected, upon the ground that defendant had raised no question about there being an assignment, and that it was not necessary that Mrs. Meyers should have paid her husband anything, the account having been assigned…

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