BANK OF AMERICA v. LAMB FINANCE CO.

Docket No. 21775.

145 Cal.App.2d 702 (1956)

303 P.2d 86

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION et al., Plaintiffs and Respondents, v. LAMB FINANCE COMPANY, INC. (a Corporation) et al., Appellants; W.N. NEWTON et al., Cross-defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

November 9, 1956.


Attorney(s) appearing for the Case

J.W. Ehrlich, N.E. Youngblood and Robert M. Maslow for Appellants.

Samuel B. Stewart, Hugo A. Steinmeyer, Robert H. Fabian and Richard G. Rypinski for Respondents.


FOX, J.

In an action to enforce payment of a promissory note, defendants appeal from a money judgment rendered upon a directed verdict of the jury in favor of plaintiff.

The fundamental issue presented is whether the court erred in not permitting certain defenses based on fraud to be tried by the jury. Other questions raised are (1) the propriety of the dismissal of defendants' cross-complaints at the time of trial without affording leave to amend, and (2...

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