Houghton v. Pacific Southwest Trust & Savings Bank

Plaintiff brought this action against defendant bank to enforce an express trust and to obtain a judgment declaring the respective rights of plaintiff and the several defendants. The trial court sustained the demurrer of the defendant bank and defendant Gay Engineering Company to plaintiff’s amended complaint without leave to amend and from a judgment thereupon entered in favor of said defendants, plaintiff appeals.

Plaintiff is the assignee of one Raymond, the original sole beneficiary of the trust in question, while the defendant bank is the trustee. Defendant Gay Engineering Company is the…