GRAINGER v. ANTOYAN

Docket Nos. L.A. 24160, 24446.

48 Cal.2d 805 (1957)

313 P.2d 848

KYLE Z. GRAINGER, JR., as Trustee, etc., Appellant, v. ALBERT ANTOYAN, Respondent. MAX H. GEWIRTZ et al., as Executors, etc., Appellants, v. SIDNEY MARBACK et al., Defendants; A.L. ANTOYAN, Respondent.

Supreme Court of California. In Bank.

July 3, 1957.


Attorney(s) appearing for the Case

Max H. Gewirtz, in pro. per., Joseph W. Fairfield, Ethelyn F. Black and J. Martin Smith for Appellants.

Stratton & Taylor, Charles C. Stratton, Joseph A. Ball and Ball, Hunt & Hart for Respondent.


McCOMB, J.

These are appeals by (1) plaintiff Kyle Z. Grainger, Jr., as trustee of the estate of Marback Motor Company, a copartnership, bankrupt, and (2) plaintiffs Max H. Gewirtz et al., as executors of the estate of William Gewirtz, deceased, from judgments rendered after trial in favor of defendant. The actions involve a common defendant, common questions of law and fact, and were consolidated for trial.

Both actions were for declaratory relief. The gravamen...

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