DONATO v. FISHBURN

No. 7142.

90 Ariz. 210 (1961)

367 P.2d 245

M.T. DONATO and Iris E. Donato, his wife, Appellants, v. Kenneth Harold FISHBURN, d/b/a City Sheet Metal, Appellee.

Supreme Court of Arizona, In Division.

December 29, 1961.


Attorney(s) appearing for the Case

Botsford & Turner, Scottsdale, for appellants.

Wilson & Books, Phoenix, for appellee.


McFATE, Judge of the Superior Court.

This is an appeal from a judgment of the trial court sitting without a jury, declaring that a certain promissory note signed by M.T. Donato was the community obligation of the maker and his wife, Iris E. Donato, and entering judgment accordingly. The appellants contend that the note was the sole and separate obligation of M.T. Donato.

The facts in the case are as follows:

Prior to executing the note referred to...

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