Legal Opinion
Coast Bank v. Holmes
California Court of Appeal
Decided August 24, 1971No. Civ. 10509PublishedCited by 82 opinions
1Opinion of the Court
Opinion
TAMURA, J.
Plaintiff (Bank) brought the present action on a promissory note to recover the principal ($51,053), accrued interest, and attorney fees. Defendant (Holmes) admitted execution of the note but pleaded failure of consideration, nonoccurrence of conditions precedent, constructive fraud and illegality. He also cross-complained for reformation. Except as to illegality, the court found in favor of defendant on all affirmative defenses and adjudged that plaintiff take nothing on the complaint. In addition, the judgment decreed reformation of the note as prayed for in the…
2Cases cited46 opinions
- In Re EstradaCalifornia Supreme Court · 1965
- Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co.California Supreme Court · 1968
- City of El Paso v. SimmonsSupreme Court of the United States · 1965
- Aetna Casualty & Surety Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1947
- DiGenova v. State Board of EducationCalifornia Supreme Court · 1962
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3Cited by82 opinions
- PLCM Group, Inc. v. DrexlerCalifornia Supreme Court · 2000
- Reynolds Metals Co. v. AlpersonCalifornia Supreme Court · 1979
- Peck v. JacqueminSupreme Court of Connecticut · 1985
- Glendale Federal Savings & Loan Ass'n v. Marina View Heights Development Co.California Court of Appeal · 1977
- Air-Sea Forwarders, Inc. v. Air Asia Company, Ltd., and E-Systems, Inc.Court of Appeals for the Ninth Circuit · 1989
77 more not listed; retrieve them via the Exa API.