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FERNANDEZ v. SECURITY-FIRST NAT. BANK

Docket No. 25512.

206 Cal.App.2d 676 (1962)

24 Cal. Rptr. 25

PELAYO FERNANDEZ, Plaintiff and Respondent, v. SECURITY-FIRST NATIONAL BANK, as Executor, etc., Defendant and Appellant.

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

August 13, 1962.

Attorney(s) appearing for the Case

John E. Crooks for Defendant and Appellant.

W.E. Kalbfleisch for Plaintiff and Respondent.

FOURT, J.

After the second trial of the within action judgment was rendered for the defendant.1 On the basis of newly discovered evidence the trial court granted plaintiff's motion for a new trial. Defendant appeals from the order granting the motion.

A résumé of the material facts is as follows:

Plaintiff brought this action against defendant executor to recover the sum of $4,500, plus interest, after rejection...

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