Sun-Maid Raisin Growers Ass'n v. Neustadter Bros.

Appellee, Neustadter Brothers, a California corporation, brought this action in a state court of California against appellant, Sun-Maid Raisin Growers Association, a Delaware corporation, to recover of appellant $5,000, with interest and costs. The action was, on petition of appellant, removed from the state court to the District Court of the United States for the Northern District of California. There appellant answered. The answer contained no counterclaim. No reply was ordered and none was filed. Thus, with the filing of the answer, the pleadings were closed. 1 *Thereafter appellee moved for judgment on the pleadings. 2 The motion was granted and judgment was entered in appellee’s favor for the full amount claimed. From that judgment this appeal is prosecuted.

The complaint is in two counts. Count 1 alleges that appellant issued and delivered to appellee 25 debentures dated July 1, 1923, each in the sum of $100 (a total of $2,500), bearing interest at the rate of 5% per annum payable annually on the first day of July, the principal thereof being due and payable on July 1, 1938; that appellee, since the issuance and delivery of said debentures to it, has been and is now the…