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CALIFORNIA BANK v. CLAY

Docket No. 25982.

207 Cal.App.2d 25 (1962)

24 Cal. Rptr. 185

CALIFORNIA BANK, Plaintiff and Respondent, v. WESLEY B. CLAY, Defendant and Appellant.

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

August 20, 1962.

Attorney(s) appearing for the Case

McCabe & Saevig and John P. Brown for Defendant and Appellant.

Swanwick, Donnelly & Proudfit and Donald F. Rocke for Plaintiff and Respondent.

ASHBURN, J.

Action on promissory note made by defendant in favor of plaintiff on November 1, 1957, in the sum of $11,000, payable 31 days after date, upon which a balance of $8,000 with interest from December 29, 1957, was due at the time of suit filed on January 26, 1960. The complaint alleged that the loan was induced by a fraudulent financial statement of August 30, 1957, showing assets of $160,500 and a net worth...

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