Bank of America National Trust and Savings Association and Robert G. Litolff v. William Hayden

This is an action brought in federal court on the grounds of diverse citizenship, appellant bank having its principal place of business in San Francisco, California ; appellant Litolff being an officer at the Placerville, California branch of the bank; and appellee being a resident of the State of Utah at the time of filing his complaint and a resident of Oregon at the time of trial. Appellee, William Hayden, as plaintiff filed suit against the Bank of America National Trust and Savings Association (hereinafter referred to as Bank) and Robert G. Litolff as defendants. The complaint set forth three causes of action involving the same transaction. The first cause of action alleging a breach of an express contract, states, in substance, that on July 31,1951 at Placerville, California, plaintiff purchased from defendants certain negotiable trade acceptances issued by the Stockton Box Company and then held by Bank, valued at $14,287.63 for the sum of $14,-287.63, and paid therefor, and that Bank failed to deliver said trade acceptances or return the sum paid after demand. The second and third causes of action are common counts and allege that at the same time and place defendants,…