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SPENCER v. HIBERNIA BANK

Docket Nos. 19193, 19194, 19195.

186 Cal.App.2d 702 (1960)

9 Cal. Rptr. 867

ALICE MASTEN SPENCER, as Administratrix with the Will Annexed, etc., Appellant, v. THE HIBERNIA BANK et al., Respondents. ALICE MASTEN SPENCER et al., Appellants, v. THE HIBERNIA BANK et al., Respondents. MARIAN MEL, as Special Administratrix, etc., Appellant, v. THE HIBERNIA BANK et al., Respondents.

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

November 28, 1960.

Attorney(s) appearing for the Case

M. Mitchell Bourquin and George Olshausen for Appellants.

Tobin & Tobin, Sullivan, Roche, Johnson & Farraher and Brobeck, Phleger & Harrison for Respondents.

TOBRINER, J.

If, as Judge Jerome Frank has written, each case is but an excursion into history,1 we must view the litigation in its historical setting and in the context of the times in which it originated. Within those limitations we have examined the unique structure of the first Hibernia corporation of 1859 and the subsequent corporation of 1864 to determine if, in the posture of the instant cases, appellants establish valid claims...

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