NORTHERN COUNTIES BANK v. EARL HIMOVITZ & SONS

Docket No. 10509.

216 Cal.App.2d 849 (1963)

31 Cal. Rptr. 551

NORTHERN COUNTIES BANK, Plaintiff and Appellant, v. EARL HIMOVITZ & SONS LIVESTOCK COMPANY, Third Party Claimant and Respondent.

Court of Appeals of California, Third District.

June 5, 1963.


Attorney(s) appearing for the Case

Brobeck, Phleger & Harrison, David Lennihan and Arthur C. Powell for Plaintiff and Appellant.

Hagen & McInturff and Pat S. McInturff for Third Party Claimant and Respondent.


FRIEDMAN, J.

We granted a rehearing in this case because at the time of preparing our original opinion we were under a misapprehension concerning an important circumstance. The circumstance involved the actual date and the conditions under which a negotiable draft bearing date of November 30, 1960, was issued to Himovitz, the third party claimant. Both parties to this appeal agree as to the actual event. Not by way of complaint but simply in passing, we note that...

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