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THOMPSON CRANE & TRUCKING CO. v. EYMAN

Docket No. 4653.

123 Cal.App.2d 904 (1954)

267 P.2d 1043

THOMPSON CRANE AND TRUCKING COMPANY et al., Plaintiffs, v. HERMAN L. EYMAN, Appellant; CARL W. WELLER et al., Respondents.

Court of Appeals of California, Fourth District.

March 17, 1954.

Attorney(s) appearing for the Case

Adams, Duque, Davis & Hazeltine, Docker & Docker, James S. Cline and Lawrence T. Lydick for Appellant.

Thompson & Thompson and Harold V. Thompson for Respondents.

BARNARD, P.J.

This action was commenced as one in interpleader. The plaintiff alleged that the defendants Eyman and Weller claimed adverse interests in the proceeds of a note given by plaintiff to Weller, and assigned by him to Eyman. By appropriate pleadings Weller and Eyman each claimed the money, Eyman relying on an assignment of the note and a claimed breach of contract and Weller claiming that the contract had been obtained through compulsion and duress. The...

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