SQUIRE AS SUPERINTENDENT OF BANKS OF THE STATE OF OHIO ETC RESPONDENT v. CLIFFE MERRIAM APPELLANT

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District Court of Appeal, Second District, Division 1, California.

S. H. SQUIRE, AS SUPERINTENDENT OF BANKS OF THE STATE OF OHIO, ETC., RESPONDENT, v. CLIFFE U. MERRIAM, APPELLANT.

Civ. 12711.

Decided: January 15, 1942

Hill, Morgan & Bledsoe, of Los Angeles, and Charles O. Parker, of Chicago, Ill., for appellant. Mathes & Sheppard and Emrys Davis, all of Los Angeles, Thomas J. Herbert, Atty. Gen., of Ohio, E. S. Lindemann and A. O. Husband, Sp. Counsel to Atty. Gen., both of Cleveland, Ohio, and Gordon F. Hampton, of Los Angeles, for respondent.

This is a companion case to S. H. Squire, as Superintendent of Banks of the State of Ohio, in Charge of Liquidation of Business and Property of Guardian Trust Company, Plaintiff and Respondent, v. Cliffe U. Merriam, Defendant and Appellant, Civil No. 12710, 121 P.2d 534, this day decided.

Upon stipulation the two cases were consolidated for purposes of appeal, and briefs in one case were made applicable to the other.

For the reasons stated in S. H. Squire, as Superintendent of Banks of the State of Ohio, in Charge of Liquidation of Business and Property of Guardian Trust Company, Plaintiff and Respondent, v. Cliffe U. Merriam, Civil No. 12710, supra, the judgment is reversed.

DRAPEAU, Justice pro tem.

YORK, P. J., and DORAN, J., concurred.