(Download) "In Re Saunders" by First Appellate District, Division Two District Court Of Appeal Of California * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Saunders
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 29, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The action in which this appeal was taken was commenced by the Merchants Ice & Cold Storage Company to foreclose a chattel mortgage on brewing equipment owned by the Globe Brewing Company. The complaint named as defendants the Globe Brewing Company, two additional corporations, A. J. Scampini, L. L. Sozzi and M. Maffei. On September 20, 1940, Sozzi filed his answer and an unverified cross-complaint alleging fraud, naming as cross-defendants the plaintiff and the other codefendants. Before trial the complaint was dismissed by the plaintiff with prejudice. The cross-complaint was amended a second time, but without change as to the cross-defendants. The cross-defendants, other than the Merchants Ice & Cold Storage Company, demurred to the second amended cross-complaint, which demurrers were sustained with leave to amend. Sozzi declined to amend a third time, and judgment was entered against him on the demurrers. An appeal was taken from these judgments and the judgments reversed. (Merchants Ice & Cold Storage Co. v. Globe Brewing Co., 73 Cal. App. 2d 828 [167 P.2d 503].) The plaintiff Merchants Ice & Cold Storage Company, however, did not demur to the second amended cross-complaint, but answered. In addition to a general denial of the allegations of fraud, the answer pleads the bar of the statute of limitations. (Code Civ. Proc., § 338, subd. 4.) The case proceeded to trial before a jury, which found for the cross-defendant Merchants Ice & Cold Storage Company, and from the judgment entered on the verdict Sozzi, the cross-complaint, has appealed.
 "In Re Saunders" by First Appellate District, Division Two District Court Of Appeal Of California * eBook PDF Kindle ePub Free){kind=link}