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BANK OF AMERICA NAT. TRUST AND SAVINGS ASSN. v. AGLES

Docket No. 18309.

171 Cal.App.2d 527 (1959)

340 P.2d 643

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent, v. WALTER C. AGLES et al., Appellants.

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

June 26, 1959.

Attorney(s) appearing for the Case

Cyril Saunders for Appellants.

Samuel B. Stewart and George Chadwick, Jr., for Respondent.

WOOD (Fred B.), J.

Defendants have appealed from a judgment against them upon their promissory note executed and dated June 13, 1951. The complaint was filed January 11, 1957. They rely upon their plea of the bar of section 337, subdivision 1 of the Code of Civil Procedure, the four-year statute of limitations, claiming that this was a demand note.

[1] By its terms this note was payable "on or before five (5) years from date." Plaintiff claims...

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