Opinion
No. 45608.
December 12, 1975.
Husband and wife — action against former wife for repayment of money paid on her note — offset of amount used for necessities — sufficiency of evidence.
Action in the Hennepin County Municipal Court wherein plaintiff sought to recover an amount which he paid in satisfaction of a loan made to defendant, his former wife, for which he had cosigned a note. The court, Neil A. Riley, Judge, found for plaintiff in the amount he had paid less $400, the amount defendant used for necessities. Plaintiff appealed from the judgment entered and from an order denying his motion for a new trial. Affirmed.
Young Moriarty and Everett L. Young, for appellant.
Considered and decided by the court without oral argument.
Plaintiff appeals from the denial of his blended motion for amended findings, or, in the alternative, for a new trial, and from the judgment entered. While the parties were married, defendant obtained a loan to finance a trip to Europe. Plaintiff signed the required note as an accommodation party and thereafter repaid the loan. The parties meanwhile having been divorced, he brought this action to recover the amount paid. Among several other defenses, defendant asserted the money had been used in part for necessities plaintiff was obliged to furnish her. The lower court, found $400 had been spent for necessities and offset this amount against plaintiff's claim. The sole question presented here is whether the trial court erred in so finding. We have reviewed the record and find that the evidence as a whole sustains the trial court's findings. Don Kral Inc. v. Lindstrom, 286 Minn. 37, 42, 173 N.W.2d 921, 924 (1970).
Affirmed.