Orange Empire National Bank v. Kirk

On July 16, 1965, the- Orange Empire National Bank filed a cross-complaint for $50,000 against several parties, including the cross-defendant Lowell O. Kirk, M.D. The bank’s cross-action was predicated on a continuing -guaranty which was allegedly signed- by. several .cross-defendants, including Kirk. Th e. bank’s - cause .of. action arose 'as a result .of-a .lawsuit filed .by certain. ..plaintiffs, and. cr.qss"'deferidant's who' sought" cancellation ;o!- the’ .aioresaid -.written guaranty...on the.ground, of .fr.aud,.Hojy.év.éf~yKirkwas.’n-pt a pártyVplaiñtiff in the. action óñ .the…