TANZOLA v. DE RITA

Docket No. L.A. 23642.

45 Cal.2d 1 (1955)

285 P.2d 897

JOSEPH TANZOLA, Respondent, v. JOHN DE RITA, as Executor, etc., Appellant.

Supreme Court of California. In Bank.

July 12, 1955.


Attorney(s) appearing for the Case

Arnerich, del Valle & Sinatra and Bernard J. del Valle for Appellant.

George J. Tapper and Jack D. Most for Respondent.


SCHAUER, J.

Defendant executor appeals from a judgment rendered by the court without a jury, by which plaintiff was awarded recovery of money allegedly loaned to defendant's decedent, Angelo Pipolo, and evidenced by two checks. Plaintiff's claim therefor had been rejected by defendant executor. We have concluded that the trial court did not err in admitting certain testimony of decedent's surviving wife, claimed by defendant to be a privileged marital communication...

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