Vogler v. Charles Ingrao

[342]

MOORE, P. J.

Appellant recovered judgment against defendant Karsten on the demand note of the latter made in favor of one Josephine Falzone, but was denied recovery as to all others.

*

Defendants Florence Karsten and Catherine Ingrao are sisters and for some time prior to December, 1946, had, as a copartnership, operated the Venetian Dining Room and Gardens in Altadena. On January 25, 1947, Florence executed and delivered the note to Miss Falzone in the principal sum of $2,400 with interest and signed the name of the partnership by Florence L. Karsten, Partner. The court found that no partnership of the sisters existed at any time during the month of January, 1947, or at any time subsequent thereto; that any acts committed by Mrs. Karsten in procuring moneys during that period were done without the express or implied authority of Mrs. Ingrao and without her knowledge; that Mrs. Karsten borrowed the $2,400 for her own individual account and not for the benefit of the partnership or for the benefit of defendants Ingrao. Appellant included the husbands of the sisters as defendants. Florence defaulted and on the other defendants’ plea of nonliability and the proof that they were not participants in the loan, judgment went in their favor but was entered against Florence Karsten only. A reversal of the judgment is demanded by plaintiff on the ground that the loan was made to the partnership and that Catherine as well as Florence had the benefits of the proceeds of the loan.

Appellant contends certain findings are not sustained by the evidence. While some findings may be without support, the judgment will not be disturbed on appeal if findings of the basic facts are supported by substantial evidence. Erroneous findings, not necessary to sustain the judgment, may be disregarded as being immaterial.

(Supreme Grand Lodge

v.

Smith,

7 Cal.2d 510, 513 [61 P.2d 449];

American National Bank

v.

Donnellan,