EISENDRATH v. BANK OF AMERICA NAT'L TRUST AND SAV. ASS'N

Docket No. 19212.

118 Cal.App.2d 434 (1953)

258 P.2d 13

PHILIP S. EISENDRATH et al., Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Respondent.

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

June 11, 1953.


Attorney(s) appearing for the Case

Mitchell & Gold and Seymour Gold for Appellants.

Samuel B. Stewart, Jr., Hugo A. Steinmeyer, and Robert H. Fabian for Respondent.


WHITE, P.J.

Plaintiffs appeal from an adverse judgment in an action whereby they sought to recover the amount of a deposit in the defendant bank. The bank had exercised its right of "offset" by debiting the plaintiffs' account for $50,000, the limit of plaintiffs' guaranty upon accounts receivable of Empire Jewelry Company which had been bought by the bank.

Empire Jewelry Company, a corporation, of which plaintiff Philip S. Eisendrath was a stockholder and...

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