Tissot v. Throckmorton

Citations

• 6 Cal. 471

Syllabus

<p>The objection, that a wife is improperly joined with the husband as party plaintiff, should be taken advantage of by demurrer, and comes too late on appeal.</p> <p>Where in an action on a promissory note, the defence sot up is, that the defendant executed' said note as the consideration for a deed from plaintiff for certain land, under false and fraudulent representations that plaintiff had an interest therein, the defendant, if he would avoid payment, must offer to surrender the deed to be cancelled, so that both parties could have been remitted to their original rights.</p>