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BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. COX

Docket No. 17498.

153 Cal.App.2d 651 (1957)

314 P.2d 993

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Guardian, etc., Respondent, v. PAUL H. COX, Appellant.

Court of Appeals of California, First District, Division Two.

September 10, 1957.

Attorney(s) appearing for the Case

Oswald G. Ingold and Henry Poppic for Appellant.

Mack & Jorgenson for Respondent.

DRAPER, J.

Plaintiff, as guardian of the estate of an incompetent person, brought this action upon three promissory notes executed by defendant to the ward, his mother. Defendant pleaded a release assertedly executed by the mother shortly before she was adjudged incompetent. After nonjury trial, plaintiff had judgment. Defendant appeals.

The claimed release is dated February 7, 1950. On March 1, 1950, appellant filed his petition for appointment as guardian...

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