EILKE v. RICE

Docket No. L.A. 23639.

45 Cal.2d 66 (1955)

286 P.2d 349

KATHERINE EILKE, as Executrix, etc., Appellant, v. DAVID RICE, Respondent.

Supreme Court of California. In Bank.

August 5, 1955.


Attorney(s) appearing for the Case

Moore, Trinkaus & Binns and Walter R. Trinkaus for Appellant.

Morrison, Hohfeld, Foerster, Shuman & Clark as Amici Curiae on behalf of Appellant.

Vaughan & Brandlin, J.R. Vaughan, Richard I. Roemer and Warren J. Lane for Respondent.


SHENK, J.

This is an appeal from a judgment of dismissal following an order sustaining a demurrer without leave to amend.

On August 1, 1944, the defendant Rice executed two promissory notes to one Herta Reinach, of whose estate the plaintiff is the executrix. Both notes were in the amount of $3,000. The first was payable on or before six months; the second on or before one year. No payments were made on the principal on either note although some 30 payments...

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