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  5. 129 Cal.App.2d 26 (1954)
 

OGDEN v. TITLE INS. & TRUST CO.

Docket No. 20450.

129 Cal.App.2d 26 (1954)

276 P.2d 146

ROBERT M. OGDEN, as Administrator with Will Annexed, etc., Appellant, v. TITLE INSURANCE AND TRUST COMPANY, as Administrator, etc., Respondent.

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

November 19, 1954.

Attorney(s) appearing for the Case

Charles I. Rosin for Appellant.

Wallace & Wallace for Respondent.

McCOMB, J.

From a judgment in favor of defendant after trial before the court without a jury, in an action to recover upon a promissory note, filed by Mable Belle Carter, the widow of Frank Carter and executrix of his estate, plaintiff appeals. At the commencement of the trial Robert M. Ogden, the present administrator with will annexed of the estate of Frank Carter, was substituted as plaintiff.

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