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CORNWELL v. BANK OF AMERICA

Docket No. E006307.

224 Cal.App.3d 995 (1990)

274 Cal. Rptr. 322

DAVID W. CORNWELL, Plaintiff and Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Defendant and Respondent.

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

October 23, 1990.

Attorney(s) appearing for the Case

COUNSEL

Cornwell, Powell, Keavney & Hackett, Richard P. Keavney and David W. Cornwell for Plaintiff and Appellant.

George W. Coombe, Jr., Winslow Christian, Ullar Vitsut, John C. Fauvre and Debbie L. Young for Defendant and Respondent.

OPINION

HOLLENHORST, Acting P.J.

This appeal arises from plaintiff David W. Cornwell's assertion that he paid a mortgage payment by mailing a check to defendant Bank of America. The check was apparently lost in the mail and never cashed. Plaintiff contends that the trial court erred in refusing to grant his motion for summary judgment. Instead, the trial court granted defendant's motion...

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