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BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASS'N v. WATERS

Docket No. 26020.

209 Cal.App.2d 635 (1962)

26 Cal. Rptr. 9

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Plaintiff and Appellant, v. PATSY ELLEN WATERS et al., Defendants and Respondents.

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

November 16, 1962.

Attorney(s) appearing for the Case

Samuel B. Stewart, Hugo A. Steinmeyer, George L. Beckwith and W.H. Taylor, Jr., for Plaintiff and Appellant.

Mewborn & Hitchcock and Charlton A. Mewborn for Defendants and Respondents.

BURKE, P.J.

Plaintiff Bank of America National Trust and Savings Association (Bank) appeals from a judgment in favor of defendants as guarantors on a continuing guaranty agreement dated August 9, 1957. As filed, the action sought to recover on a promissory note but at the time of trial it was dismissed without prejudice against the makers and pursued solely against the guarantors on the theory that although the written guaranty had been executed nearly two and a half...

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