Munson v. Bowen

Citations

• 80 Cal. 572
• 22 P. 253
• 1889 Cal. LEXIS 962

Syllabus

<p>Pleading — Anticipating Defense — Ambiguity—General Demurrer. —A complaint which, after stating a good cause of action, proceeds to anticipate an expected defense, violates a plain rule of pleading, and is liable to a special demurrer for ambiguity and uncertainty; but the objection cannot be raised upon general demurrer.</p> <p>Id. — Former Adjudication—■ Husband and Wife—Guaranty — Action on Notes — Demurrer.—A complaint by a married woman upon a guaranty of the defendant for the repayment to her and her husband of a portion of certain moneys invested by them in a business in which defendant is interested, showing that a previous action had been brought against the defendant by the plaintiff upon notes given by the defendant to the plaintiff for borrowed money, which was her separate property, and which notes were adjudged to have been paid by investment of the plaintiff’s money in the said business on the order of plaintiff’s husband, and averring further that no part of the money invested by the plaintiff had ever been refunded, and that her husband had assigned his rights to her, and seeking a judgment against the defendant on the guaranty, is not demurrable on the ground that the complaint shows a former adjudication against the plaintiff of the subject-matter of the present action.</p>