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BANK OF AMERICA NAT'L TRUST AND SAVINGS ASS'N v. ENGLEMAN

Docket No. 17820.

101 Cal.App.2d 390 (1950)

225 P.2d 597

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Appellant, v. M.W. ENGLEMAN, as Assignee for Benefit of Creditors, etc., Respondent.

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

December 22, 1950.

Attorney(s) appearing for the Case

Samuel B. Stewart, Jr., Hugo A. Steinmeyer, Robert H. Fabian, R.M.J. Armstrong and Robert L. Tollefsen for Appellant.

Craig, Weller & Laugharn and Frank C. Weller for Respondent.

MOORE, P.J.

Appellant sued for a declaration of its rights under an assignment for the benefit of creditors and to compel respondent to pay dividends on two promissory notes of the debtor. From a judgment denying that respondent was obliged to pay such dividends comes this appeal.

TWO NOTES OF DEBTOR

On September 24, 1947, Mr. A. Austin purchased certain corporate shares and promissory notes from one Burcham. The latter was at the time an officer...

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