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80 Cal. 572

Munson v. Bowen

California Supreme Court

Decided September 21, 1889

California Supreme Court · decided 1889-09-21

The action was upon the guaranty of defendant in the sum of one thousand dollars, contained in the following agreement:— “This agreement, made and entered into this twenty-ninth day of January, A. D. 1885, witnesseth, that in consideration of an undivided one-sixteentli interest to me guaranteed and secured by D. L. Munson and Mary Munson, his wife, in the George Simpson Metallurgical Works, now being erected in West Point, Calaveras County, California, for working base and…

Cited by 4 later decisions — most recently January 1942

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-09-21

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Works, J.

¶1This is an action for the recovery of money. Demurrer to the complaint was overruled, and *574the defendant failing to answer, judgment was rendered against him, and he appeals.

¶2The appellant contends that the complaint was insufficient, and that the court below erred in overruling the demurrer thereto. The complaint, after stating a good cause of action, proceeded to anticipate an expected defense. By thus violating a plain rule of pleading, the pleader rendered his complaint uncertain and ambiguous. But we think it was good against the general demurrer that was interposed. The point made against it is that it shows a former adjudication of the question presented in this case, but we think that it does not.

¶3Judgment affirmed.

¶4Paterson, J., and Fox, J., concurred.

¶5Hearing in Bank denied.

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