Doughty v. Moors (1918) · DecisionDepot

Doughty v. Moors

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Court of Appeal Aug 12, 1918 No. Civ. No. 1807.Published

Before: Hart

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Holding. The court held that the complaint failed to state a cause of action because it did not allege that the corporation or its creditors suffered any damage from the defendants' transaction, nor did it establish that the defendants were liable for the debt owed by Moors to the corporation.

Issues

Whether the complaint sufficiently alleged a cause of action against the defendants for the debt owed by Moors to the corporation.
Whether the defendants were properly joined in the action.

Disposition. affirmed

Quotations verified verbatim against the opinion

“there is nothing in the complaint disclosing that damage resulted to the corporation or the creditors thereof or to the plaintiff by reason of said transaction.”

“the demurrer to the complaint in this action was properly sustained on the grounds that no cause of action is stated against any of the defendants”

Synopsis

The facts are stated in the opinion of the court.

HART, J.

A demurrer to the amended complaint filed in this action was sustained, and, plaintiff declining further to amend, judgment was entered in favor of defendants, from which judgment plaintiff prosecutes this appeal.

We have this day filed an opinion affirming the judgment in an action, Civil No. 1806, wherein the plaintiff here was plaintiff and Frank Moors, J. R. Clark, and C. W. Crouch were defendants.

(Doughty

Moors, ante,

p. 48, [175 Pac. 273].) The allegations of the amended complaints in both actions are the same, except that in lieu of the averments in No. 1806 respecting an indebtedness to the J ames H. Goodman and Company Bank, the following is set forth in the case under review: “That, on said 19th day of June, 1915, and for

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more than, six months prior thereto, the defendants, C. W. Crouch and S. Grace Crouch, were indebted to the defendant, Frank Moors, in the sum of $2,000.00 upon a promissory note made and executed by them”; that, in April, 1915, ‘‘the defendant, E. L. Armstrong, by an instrument in writing guaranteed the payment to said Frank Moors” of said promissory note; that, on or about said nineteenth day of June, 1915, the defendants entered into an agreement whereby said Frank Moors canceled and surrendered to the defendants, Crouch, said promissory note and released the defendant, Armstrong, from his guaranty to pay said note, ‘‘and all of said transactions were had for the purpose of enabling said Frank Moors to surrender to said C. W. Crouch and S. Grace Crouch their said promissory note in his favor as a part of and in part settlement of the purchase price to be paid by him for said real and personal property, and to enable said Frank Moors to apply said sum of $2,000.00 so due him towards a settlement of the amount he agreed to pay for said property. ’ ’ Judgment was prayed for the sum of two thousand dollars, the amount of said promissory note, and interest.

The demurrer to the amended complaint was similar to that filed in action Civil No. 1806.

This case was submitted for decision on the briefs filed in Civil No. 1806,

Doughty v. Moors

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Synopsis

HART, J.

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