Fitzgerald v. DeBenedetto

Opinion

GOLDSTEIN, P. J.

defendants-Throughout this opinion we designate the defendants-appellants as the defendants and the plaintiff-respondent as the plaintiff. We also designate the plaintiff’s assignor, Wells Fargo Bank, as the “Bank.”

The Facts

The facts are not in dispute. On July 6, 1966, the defendants executed a note in favor of the Bank in the sum of $1,500, together with interest. Nothing was paid on the note. On July 14, 1967, the defendants filed voluntary petitions in bankruptcy in the- Unitéd States District Court, *Supp. 3and the matter was referred to a referee in bankruptcy.…