Legal Opinion

Balling v. Finch

California Court of Appeal

Decided May 9, 1962No. Civ. 25644PublishedCited by 9 opinions

1Opinion of the CourtFox, P. J.

Defendant Finch appeals from an adverse summary judgment.

The complaint is on a promissory note signed by Finch, John Basso 1 and Fred H. Laurans. 2 In his answer Finch admitted the execution of the note but alleged four affirmative defenses. On this appeal, however, we need consider only the facts in the affidavits dealing with appellant’s defense on the theory of duress and intimidation on the part of plaintiff.

Plaintiff filed a motion to strike the answer and for summary judgment. His motion was supported by two affidavits, one by himself and the other by his counsel. Opposition affidavits…

2Cases cited10 opinions

  1. Eagle Oil & Refining Co. v. PrenticeCalifornia Supreme Court · 1942
  2. Coyne v. KrempelsCalifornia Supreme Court · 1950
  3. Richard Douglas Furnish and Emilie Furnish Funk v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1958
  4. Cone v. Union Oil Co.California Court of Appeal · 1954
  5. People v. HenryCalifornia Court of Appeal · 1948

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3Cited by9 opinions

  1. Philippine Export & Foreign Loan Guarantee Corp. v. ChuidianCalifornia Court of Appeal · 1990
  2. David S. Sheehan and Barbara J. Sheehan v. Atlanta International Insurance Company and Integrity Insurance CompanyCourt of Appeals for the Ninth Circuit · 1987
  3. Jamestown Farmers Elevator, Inc., Formerly Mutschler Grain Company v. General Mills, Inc.Court of Appeals for the Eighth Circuit · 1977
  4. Hayward Union High School District v. MadridCalifornia Court of Appeal · 1965
  5. Eckstein v. EcksteinCourt of Special Appeals of Maryland · 1978

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