Hirshfeld v. Weill

Citations

• 121 Cal. 13
• 53 P. 402
• 1898 Cal. LEXIS 843

Syllabus

<p>Joint Venture—Agreement to Divide Proceeds—Fund Held by Bank—Indebtedness Between Parties not Payable.—Where a partnership firm and three other individuals were jointly interested in a business venture, and its proceeds, consisting of checks, drafts, bills, and notes, were deposited with a hank for collection, under an agreement that one-fourth of the surplus proceeds should be paid by the hank to the firm and one-fourth to each of the other individuals, the hank, as the party holding the fund, is bound to pay the share-agreed upon to each of the parties, and the fact that two of the other individuals are indebted to the firm, cannot authorize it to control their shares of the fund, or to require the application of their shares to reduce such indebtedness.</p> <p>In. — Setoff Inapplicable.—There being no indebtedness of the other parties to the firm, they held nothing upon which the claim of the firm against them could be set off; hut the several owners of the fund all stand alike, in relation thereto, and each can compel the hank to pay its share, without reference to any indebtedness of some of the parties to any other of them.</p> <p>Pleading—Complaint—Joint Demurrer.—Where a general demurrer to a complaint is joint, it is properly overruled, if the complaint states a cause of action against any of the defendants.</p> <p>Id.—Misjoinder op Parties—Error without Prejudice.—An order overruling a demurrer to the complaint for misjoinder of parties defendant does not constitute reversible error, where it is plain that no rights of the defendants have been prejudiced thereby, although there is united with some defendants another against whom no liability is alleged or recovery sought.</p>