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  5. 98 Cal.App.2d 220 (1950)
 

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASS'N v. GREENBACH

Docket No. 14064.

98 Cal.App.2d 220 (1950)

219 P.2d 814

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Plaintiff and Appellant, v. JOSEPH GREENBACH et al., Defendants and Appellants.

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

June 27, 1950.

Attorney(s) appearing for the Case

Erskine, Pillsbury & Tulley, Ulysses A. Gribble and George D. Schilling for Plaintiff and Appellant.

Thos. J. Riordan, Young, Hudson & Rabinowitz and Leon A. Blum for Defendants and Appellants.

PETERS, P.J.

This action was commenced by the bank against Greenbach and others to set aside the settlement, for a fraction of its face value, of a judgment against Greenbach, held by the bank, on the ground that such settlement had been secured by the fraud and misrepresentations of Greenbach. Over the vigorous objection of defendants that they were entitled to a jury trial, the cause was tried before the court without a jury. Judgment was entered decreeing that...

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