Daniels v. Bank of America National Trust and Savings Association, 7 Cal.2d 768

Daniels v. Bank of America National Trust and Savings Association, 7 Cal.2d 768

[L. A. No. 14614. In Bank. July 20, 1936.]

EARLE M. DANIELS, Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association) et al., Appellants.

[L. A. No. 14616. In Bank. July 20, 1936.]

GEORGE E. ALLISON, Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association) et al., Appellants.

[L. A. No. 14617. In Bank. July 20, 1936.]

LILLIAN B. CROTSLEY, Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association) et al., Appellants.

COUNSEL

Freston & Files, Ralph E. Lewis, Louis Ferrari, Edmund Nelson, O’Melveny, Tuller & Myers and Louis W. Myers for Appellants.

G. C. De Garmo and W. M. Crane for Respondents.

Mott, Vallee & Grant, Paul Vallee and Thomas D. Mott, as Amici Curiae on Behalf of Respondents. [7 Cal.2d 769]

OPINION OF THE COURT

Memorandum

THE COURT.

These three causes present factual situations similar in all material respects to that involved in the case of Fox-Woodsum Lumber Co. v. Bank of America, L. A. No. 14613 (ante, p. 14 [59 PaCal.2d 1019]), this day decided. The participating certificates issued to the plaintiffs in these several causes were the same as those issued in the Fox-Woodsum Lumber Company case except as to names, dates and amounts, and all were issued during the period from 1925 to 1929.

[1] Upon the authority of the decision in Fox-Woodsum Lumber Co. v. Bank of America, supra, and for the reasons therein mentioned, the judgments in these causes are, and each is, reversed.