JAMES MILLS ORCHARD CO v. BANK OF AMERICA NAT TRUST SAVINGS ASS (1934)

The petition to have this cause heard and determined by this court after judgment in the District Court of Appeal of the Third Appellate District was denied on May 7, 1934. In that connection it should be said:

The statement in the opinion of the District Court of Appeal ‘that it does not appear that the collateral security for the payment of the $8,000 note which is held by the defendant is insufficient with which to satisfy that obligation’ was unnecessary for the decision and should be disregarded. The finding of the trial court, approved by the decision, that ‘prior to and at the time of debiting said account (of Kitrick and Hall Warehouse Company) and thereafter, the defendant had notice of the fact that neither said W. S. Hall nor Kitrick & Hall Warehouse Company, a corporation, was the owner of the grain represented by said warehouse receipts and had notice that said warehouse receipts and the proceeds to be collected on said draft, * * * was the property of the plaintiff * * * and had notice that said W. S. Hall was acting as an agent for plaintiff in the transaction for the sale of said barley,’ leaves the case in harmony with the decision of this court in Arnold v. San Ramon Valley Bank, 184 Cal. 632, 194 P. 1012, 13 A. L. R. 320, and other cases to like effect.

PER CURIAM.