DANIELS v. BANK OF AMERICA NATIONAL TRUST SAVINGS ASSOCIATION (1936)

Supreme Court of California.

Earle M. DANIELS, Plaintiff and Respondent, v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION (a National Banking Association) et al., Defendants and Appellants
George E. ALLISON, Plaintiff and Respondent, v. SAME.
Lillian B. CROTSLEY, Plaintiff and Respondent, v. SAME.

L. A. 14614, 14616, 14617.

Decided: July 20, 1936

Freston & Files, J. R. Files, J. A. McLaughlin, and Ralph E. Lewis, all of Los Angeles, Louis Ferrari, of San Francisco, and Edmund Nelson, O'Melveny, Tuller & Myers, and Louis W. Myers, all of Los Angeles, for appellants. G. C. De Garmo, W. M. Crane, A. C. Mott, Vallee & Grant, Paul Vallee, and Thomas D. Mott, all of Los Angeles, for respondents.

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 Nat. Trust & Savings Ass'n (Cal.Sup.) 59 P.(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.

Upon the authority of the decision in Fox-Woodsum Lumber Co. v. Bank of America Nat. Trust & Savings Ass'n, supra, and for the reasons therein mentioned, the judgments in these causes are, and each is, reversed.

PER CURIAM.

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