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SMITH v. BANK OF AMERICA

Docket No. 19188.

188 Cal.App.2d 635 (1961)

10 Cal. Rptr. 594

MARIE L. SMITH, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., Respondent.

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

January 30, 1961.

Attorney(s) appearing for the Case

James M. French and Allan L. Sapiro for Appellant.

Wallace, Garrison, Norton & Ray and R.I. McCarthy for Respondent.

DUNIWAY, J.

Plaintiff appeals from a judgment against her in an action upon a promissory note. The court found that the signature on the note was not the signature of defendant executor's decedent, but was a fraudulent writing placed thereon by some person unknown.

[1] Appellant attacks the finding. However, it is fully sustained by the testimony of an expert who described his qualifications at length. Appellant then stipulated that he was qualified...

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