Docket No. 8832.

267 Cal.App.2d 540 (1968)

73 Cal. Rptr. 507

FRANK A. HYNUM, Plaintiff and Appellant, v. FIRST NATIONAL BANK OF SAN DIEGO, as Executor, etc., Defendant and Respondent.

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

November 21, 1968.

Attorney(s) appearing for the Case

Condra, Baxley & Crouch, Classen Gramm and Robert C. Baxley for Plaintiff and Appellant.

Hervey & Mitchell and Thomas R. Mitchell for Defendant and Respondent.

BROWN (Gerald), P.J.

Frank A. Hynum appeals from a judgment declaring his rights and those of his deceased ex-wife's executor in a promissory note which he had executed in favor of his then wife as part of a divorce settlement.

The promissory note was in the face amount of $150,000. It provided for 2 percent interest per annum and payments of $1,050 or more per month to be increased to $1,350 or more monthly after six months. The unpaid balance of the note...

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