Title Insurance & Trust Co. v. Gould
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County. Lewis R. Works, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
This action was brought in the lifetime of James H. Blanchard to recover upon a promissory note made in favor of Samuel F. Baker, of whose estate plaintiff is the special administrator. The judgment was in favor of plaintiff, and the defendant, in his representative capacity as executor of the estate of Blanchard, appeals.
Summons in the action was not served upon Blanchard, but after his death his executor was substituted as party defendant and a claim for the amounts sued for was regularly presented to such executor. The executor allowed the claim for the principal amount of the note and…
2Cases cited9 opinions
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Falkner v. HendyCalifornia Supreme Court · 1895
- Prescott v. GradyCalifornia Supreme Court · 1891
- Briggs v. BreenCalifornia Supreme Court · 1899
- Horgan v. ZanettaCalifornia Supreme Court · 1895
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3Cited by3 opinions
- National Automobile & Casualty Insurance v. AingeCalifornia Supreme Court · 1950
- Estate of SwansonCalifornia Court of Appeal · 1959
- Gramling v. AndersonCalifornia Court of Appeal · 1959