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LEITE v. DIETZ

Docket No. 14134.

95 Cal.App.2d 41 (1949)

212 P.2d 265

A.J. LEITE, Appellant, v. SAMUEL DIETZ, as Executor, etc., Respondent.

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

December 12, 1949.

Attorney(s) appearing for the Case

Joseph A. Brown for Appellant.

Shapro & Rothschild, Arthur Shapro and Raymond Anixter for Respondent.

NOURSE, P.J.

Plaintiff sued as assignee of Caroline Trieber upon a promissory note executed by defendant J. Louis Dietz, who deceased after judgment and pending this appeal. The substitution of his executor has been duly made, and we will herein refer to the original defendant as the promisor and to Mrs. Trieber as the promisee.

[1a] The facts are not materially disputed. The promisor was engaged...

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