DURKIN v. DURKIN

Docket No. 16246.

133 Cal.App.2d 283 (1955)

284 P.2d 185

MABEL DURKIN, Plaintiff, v. THOMAS J. DURKIN et al., Defendants; STATE OF CALIFORNIA, Appellant; ROLLEN F. CAMPBELL et al., Respondents.

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

May 26, 1955.


Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, James E. Sabine, Assistant Attorney General, Ernest P. Goodman and Eugene B. Jacobs, Deputy Attorneys General, for Appellant.

Burress Karmel, Cosgrove, Molinari & Tinney, Robert A. Dobbins, Cosgriff, Carr, McClellan & Ingersoll and Luther M. Carr for Respondents.


WOOD (Fred B.), J.

This action involves the relative priorities of certain creditors of an insolvent automobile dealer; particularly, their relative liens upon two bank accounts of his, a "Dealer's Reserve" and a "Special Holdback Account." The bank interpleaded and paid the moneys in both accounts into court.

The trial court found their priorities as follows: First, Robert Gregory, to the extent of $2,250 of the moneys derived from the "Dealer's Reserve...

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