Calhoun

Calhoun v. Huntington Park First Savings & Loan Ass'n

Good Law
186 Cal. App. 2d 451·1960 Cal. App. LEXIS 1652·9 Cal. Rptr. 479
Court of Appeal of CaliforniaNovember 17, 1960Civ. 6296California3,896 words

Opinion

Opinion

Coughlin, J.

The plaintiff, Frank A. Calhoun, herein referred to as “Calhoun,” sued the defendant, Huntington Park First Savings & Loan Association, a corporation, herein referred to as the “Association,” to recover the amount of his claim for material furnished and services rendered in connection with certain construction work, alleging that the Association was the holder of construction loan funds deposited with it for the payment of such work; that he filed a stop notice with it, as provided by law; and that, disregarding this notice, the Association thereafter transferred all of such funds to an escrow holder payable to trustees for the benefit of creditors, without withholding therefrom sufficient money to satisfy his claim. The defendant answered and cross-complained bringing into the action the escrow holder, Security Title Insurance Company and the trustees, Glen Behymer and Ralph Hoffman. Judgment on the complaint was rendered in favor of Calhoun and against the Association for the amount in question, without interest; and on the cross-complaint directing the trustees to make an accounting and decreeing payment to the Association of a prorata share of the funds remaining in escrow.…

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