Cullinan

Cullinan v. Mercantile Trust Co.

Good Law
1926 Cal. App. LEXIS 51·80 Cal. App. 377·252 P. 647
Court of Appeal of CaliforniaDecember 21, 1926Docket No. 5472.California3,375 words

Opinion

Lead Opinion

Cashin, J.

An action by respondents to establish the reasonable value of services rendered for the benefit of a trust estate, to charge the amount thereon, and for a decree directing payment from the trust funds.

On or about May 24, 1916, Daniel A. McColgan, a money broker, with whom appellant Reginald McColgan was in partnership, loaned to California Motion Picture Corporation the sum of $26,000, the aggregate of various sums advanced by himself, the partnership mentioned, and George L. Crabtree, Reginald Bell, C. H. Williams, and Nellie McM. Donovan. The loan was evidenced by promissory notes executed by the corporation to the persons mentioned in the several amounts advanced by them with the exception of the sum advanced by the partnership, which was included in a promissory note payable to Daniel A. McColgan. Each note was indorsed by Herbert A. Payne and Clarence Payne as guarantors. During the same and the following year further loans aggregating the sum of $12,165.98 were made by McColgan to the corporation and to the guarantors mentioned, who were interested in the corporation, all from his individual funds and those of the partnership with the exception of the sum of $2,500…

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