FIRST SAV. & LOAN ASSN. v. BANK OF AMERICA

Docket No. 25969.

4 Cal.App.3d 393 (1970)

84 Cal. Rptr. 532

FIRST SAVINGS & LOAN ASSOCIATION, Cross-complainant and Respondent, v. BANK OF AMERICA, Cross-defendant and Appellant.

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

February 16, 1970.


Attorney(s) appearing for the Case

COUNSEL

Charles E. Cooper, Theodore Sachsman and Patrick A. Murphy for Cross-defendant and Appellant.

Breed, Robinson & Stewart and Donald L. Edgar for Cross-complainant and Respondent.


OPINION

TAYLOR, J.

Bank of America (hereafter Bank) appeals from an adverse judgment allowing First Savings and Loan Association (hereafter First) restitution for its mistake in honoring a writ of execution against its depositors, Albert E. and Robin E. Bell (hereafter collectively referred to as Bell). The Bank contends that restitution was not the proper remedy as First's mistake was one of law, and the satisfaction of the Bank...

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