Gartler v. First Nat. Bk. of San Pedro

STEPHENS, J., pro tem.

On August 23, 1919, George Gartler, one of the plaintiffs, paid $501.50 to defendant bank at San Pedro for a draft in favor of H. Gartler, the other plaintiff, calling for 6,250 lei, Roumanian money, from the "Banca Moldova" in the city of Jasi, Roumania. The draft was presented to the drawee bank on September 15, November 8, and December 15, and 19, 1919, but each time payment was refused. Later 1-I. Gartler, the payee, having meanwhile removed to San Pedro, together with George Gartler, the purchaser of the draft, brought suit against defendant bank for $501.50 as damages, with legal interest and costs, alleging that since presentation 6,250 id "have become of little or no value in dollars." Defendant submitted a demurrer upon the ground that no cause of action had been stated. Defendant also demurred for uncertainty on many grounds, among them the following: That it cannot be ascertained from the complaint whether or not protest had been made after presentation of the draft; why p~yment was refused; what act or omission is chargeable to defendants; whether plaintiffs are suing for rescission or for damages from breach of contract; or what date value of the lei is to be taken in estimating damages; and upon the further ground that the complaint is ambiguous and unintelligible in all of the particulars set out iii the demurrer as to uncertainty, including those hereinabove specified. A special demurrer was likewise interposed upon the misjoinder of the parties plaintiff. The demurrers were overruled and defendant answered, putting practically all of the allegations of the complaint in issue; that the draft was a foreign bill of exchange; that defendant did everything legally required of it, and that Banca Moldova was at all times ready, willing, and able to honor said draft upon proper identification of the payee. The trial court found generally in favor of plaintiffs and against defendant, and judgment was entered according to plaintiff's prayer. The case was appealed by defendant and is here on a bill of exceptions.

[413]

We think that both the special and general demurrers should have been sustained. “All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided in this title.” (Sec. 378, Code Civ. Proc.) This, of course, means a legal or property interest.

(Toomey