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SCHIFFMAN v. ATLAS MILL SUPPLY INC.

Docket No. 25212.

193 Cal.App.2d 847 (1961)

14 Cal. Rptr. 708

THEODORE J. SCHIFFMAN, as Executor, etc., Appellant, v. ATLAS MILL SUPPLY INCORPORATED (a Corporation) et al., Respondents.

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

July 19, 1961.

Attorney(s) appearing for the Case

Irmas & Rutter and Sidney M. Irmas, Jr., for Appellant.

George Sokol for Respondent.

LILLIE, J.

Plaintiff, executor of the estate of Bertha Schiffman, deceased, filed suit on a $4,000 promissory note executed October 31, 1955, by defendant corporation to Bertha. Defendant admitted execution and delivery of the note, receipt of the money, and that it was never repaid; but asserted, and the trial court so found, that Bertha's conduct on or about January 27, 1956, and thereafter prior to her death, "amounted...

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