Legal Opinion
Smith v. Crocker First National Bank
California Court of Appeal
Decided July 29, 1957No. Civ. 17192PublishedCited by 11 opinions
1Opinion of the CourtDooling, J.
Plaintiff appeals from a judgment awarding him $288.69 with interest, and interest on the sum of $12,716.33 from April 23, 1954, to August 20, 1954.
On December 22, 1952, Ralph Smith commenced an action against Tosemite Creek Company. On that day a writ of attachment and notice of garnishment were served on respondent bank. Ralph Smith subsequently died and his wife as his executrix was substituted as plaintiff.
On December 29, 1952, the garnishment was returned unsatisfied, the bank reporting: “No funds.”
Upon service of the notice of garnishment the bank exercised a right of setoff against the…
2Cases cited16 opinions
- Walters v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1937
- Melander v. Western National BankCalifornia Court of Appeal · 1913
- Bromberg v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1943
- Prudential Trust Co. v. Merchants' Nat. BankOregon Supreme Court · 1913
- Krueger v. Board of Professional Discipline of the Idaho State Board of MedicineIdaho Supreme Court · 1992
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3Cited by11 opinions
- United Services Automobile Ass'n v. United States Fire InsuranceCalifornia Court of Appeal · 1973
- City of San Marino v. Roman Catholic ArchbishopCalifornia Court of Appeal · 1960
- Alameda County Management Employees Ass'n v. Superior CourtCalifornia Court of Appeal · 2011
- People Ex Rel. Department of Public Works v. MascottiCalifornia Court of Appeal · 1962
- Wenneker v. Physicians Multispecialty Group, Inc.Supreme Court of Missouri · 1991
6 more not listed; retrieve them via the Exa API.