California Pacific Title & Trust Co. v. Bank of America National Trust & Savings Ass'n

Plaintiff sued defendant on common counts for money had and received in the sum of $1376.98. From a judgment in favor of plaintiff, defendant appeals.

This litigation arose out of two loan transactions on real property located in Mill Valley belonging to Anita Hodgkin. Both transactions were consummated without the knowledge of said Anita Hodgkin and involved forgeries by J. J. MacArthur, a real estate broker.

In 1930 defendant loaned the sum of $2,500 on a note secured by a deed of trust on said property. These instruments purported to be executed by said Anita Hodgkin. In 1931 defendant was…