Stoltz

Continental National Bank v. Stoltz

Good Law
46 Cal. App. 532·189 P. 712
Court of Appeal of CaliforniaMarch 13, 1920Civ. No. 3216.California1,958 words

Opinion

Lead Opinion

Knight, J.

is an action in interpleader, brought by plaintiff to determine the title to the sum of $2,080, which plaintiff claims to hold in escrow. Judgment was rendered in favor of defendant and cross-complainant W. A. Reed. Defendant Corporate Finance Company, a corporation, appeals, and the appeal is presented on the judgment-roll.

The action was originally commenced against the defendants E. P. Stoltz, Continental Producing Company, a corporation, Robert Goldstein, and S. Goldstein, to require them to interplead and litigate among themselves as to the ownership of said $2,080. Afterward W. A. Reed, a judgment creditor of the defendant Stoltz, caused a writ of garnishment to be levied on said fund, and thereupon plaintiff filed an amended complaint in interpleader, for the purpose of bringing in as parties defendant said judgment creditor Reed and appellant Corporate Finance Company, the latter claiming to be the assignee of Stoltz. All of the defendants answered the amended complaint. The defendant Reed, besides answering, filed a cross-complaint, in which he alleged that the assignment from Stoltz to the Corporate Finance Company was a fraud. Defendants Stoltz and Corporate Finance…

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