Ainsworth v. Bank of California
California Supreme Court
APPEAL from a judgment of the Superior Court of Alameda County. ■ W. E. Greene, Judge. The facts are stated in the opinion.
1Opinion of the Court
CHIPMAN, C.
The facts are admitted and found to he as follows: September 37, 1895, George J. Ainsworth, plaintiff’s testator, executed his note to the Bank of California for $10,000, payable December 30, 1895. He was a customer of the bank, and at his death, October 30, 1895, had on deposit there to his •credit the sum of $5,974.35. On December 36, 1895, the day the note matured, the bank, without the consent of respondent, applied this sum on the note. On December 30, 1895, letters testamentary were issued to respondent by the superior court of Alameda county. February 17, 1896, respondent…
2Cases cited8 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
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- Convery v. LangdonIndiana Supreme Court · 1879
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