Winbigler v. Shattuck

SHAW, J.

Plaintiff appeals from a judgment rendered in favor of defendant.

D. Willard Beam, a resident of New York, and C. E. Shattuck, a resident of California, were joint indorsers of certain notes issued by a New York corporation designated the Hemlock Lake Canning Company. Both parties died, leaving these notes unpaid. Proceedings were had in the courts of the state of New York, wherein Otis A. Beam was appointed and qualified as executor of the last will and testament of D. Willard Beam, deceased. As alleged in the complaint, which allegation, for the purposes of this decision, we will assume to be true, a claim based upon the

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indorsement of the notes by D. Willard Beam, deceased, was presented to his executor, who, after approval and allowance, paid the same out of the assets of the estate, as alleged in the complaint, and which we likewise assume to be true.

Beam’s co-indorser, C. E. Shattucb, died at his place of residence in California, and letters testamentary were duly issued to George B. Shattucb, who qualified as executor of his estate. Thereafter Otis A. Beam, in his capacity as executor of the estate of D. Willard Beam, deceased, and under and by virtue of his appointment as such by the courts of New York, presented to George B. Shattucb, as executor of the estate of C. E. Shattucb, deceased, for allowance a claim in the nature of a demand for contribution, which claim was based upon the fact that said claimant had, as executor of the Beam-estate, paid the notes so jointly indorsed by D. Willard Beam, deceased, and C. E. Shattucb, deceased. This claim was rejected on the eighteenth day of May, 1917. Thereafter proceedings were had and taken in the Superior Court of Orange County, California, wherein Theo. A. Winbigler was, by an order of court made on July 27, 1917, duly appointed administrator with the will annexed of the estate of D. Willard Beam, deceased, and upon qualifying he, as such administrator and in the absence of presenting any claim himself, instituted this action for contribution, basing it solely and alone upon the claims so presented by Otis A. Beam in his capacity as executor of the estate of D. Willard Beam under and by virtue of the appointment so made by the court in the state of New York.

Upon this statement of facts, clearly shown by the record, we are of the opinion that plaintiff in no event was entitled to maintain the action; hence no purpose could be served in discussing other rulings of the court assigned as error.