Gruhn v. Stanley

Vanclief, C. This is an action to recover one thousand dollars, “ for money loaned and advanced” by plaintiff to defendants, in which the trial court gave judgment for the defendants. The plaintiff appeals from the judgment, and from an order denying his motion for a new trial.

[87]The complaint avers that the “ defendants .... are indebted to the plaintiff in the sum of one thousand dollars ($1,000), for and on account of moneys loaned and advanced by said plaintiff to said defendants,” and “that defendants promised and agreed to pay said sum to plaintiff upon demand,” etc.

By her separate answer, the defendant Bertha, for herself alone, specifically denies each allegation of the complaint, so far as it applies to her. But she does not plead any misjoinder of defendants. The separate answer of the defendant William denies that the defendants are indebted, etc., for moneys loaned or advanced to the defendants; denies that defendants promised or agreed to pay, etc.; but “avers that he is individually indebted to plaintiff for money loaned to this defendant personally by said plaintiff, but that said defendant Bertha Stanley was not a party to said last-mentioned transaction.”

The court found, as facts, that the defendants were not indebted to plaintiff for money loaned or advanced by plaintiff to defendants; that defendants did not agree or promise to pay said sum, or any sum; and that there was no sum of money due from defendants to plaintiff by reason of money loaned by plaintiff to defendants; and, as a conclusion of law, found “that defendants are entitled to judgment, and for their costs,” taxed at $11.50.

These findings must be construed to mean, merely, that the defendants were not jointly indebted, because the defendant Bertha was not indebted at all, since there was no issue as to the indebtedness or liability of the defendant William. His answer conclusively admits that he, individually, contracted the debt, and denies only that Bertha was a party to the contract.

The same issue, and no other, is made by the answer of Bertha, who denies that she, individually or jointly with William, contracted the debt or promised to pay it. The findings simply negative the alleged indebtedness and liability of the defendant Bertha; and so under-, stood, they are justified by the evidence, which tends to [88]