Continental Bank v. Phoenix Insurance

Plaintiff bank sued for money allegedly owing from defendant, based upon defendant’s issuance of a surety bond to plaintiff. From a judgment for defendant after a non jury trial, plaintiff appeals. Appellant contends the court’s findings VHI and IX are unsupported by evidence and, additionally, that such findings are “erroneous as a matter of law.”

We must view the evidence in a manner tending to sustain the judgment, resolving all conflicts in its favor and drawing from the evidence all favorable inferences reasonably deducible. (Estate of Bristol (1943) 23 Cal.2d 221, 223-224 [ 143 P.2d 689 ]; Hicks v. Reis (1943) 21 Cal.2d 654, 660-661 [ 134 P.2d 788 ].) The record shows that Leon Chabot, Joseph Chabot and Fred Nestroyl were partners doing a custom picture framing business in Los Angeles as “Framecraft.” Ben Wilks was employed by Framecraft as an artist. Sometime before September 27, 1963, the three partners created C.C.N. & W. Co., Inc., a corporation, to manufacture picture plaques; its place of business was in West Los Angeles. Although Framecraft continued in business, Ben Wilks started to work for C.C.N. & W. Co., as an artist. (The initials, of course, stand for…