California Court of Appeal July 17, 1941, Civ. No. 2752 (Rubinstein v. Minchin)

KELLY, J.,

pro tem. — This is an appeal from a judgment of dismissal following an order sustaining a demurrer to the plaintiff’s second amended complaint. Somewhat condensed and summarized, the second amended complaint recites that in the year 1929 the plaintiff and his then wife, since deceased, borrowed the sum of $6,500 from the defendants, evidenced by a promissory note secured by a trust