Plum

Plum v. Indian Valley Bank

Good Law
118 Cal. App. 13·1931 Cal. App. LEXIS 147·4 P.2d 543
Court of Appeal of CaliforniaOctober 29, 1931Docket No. 4394.California1,428 words

Opinion

Lead Opinion

Plummer, J.

The complaint in this action alleges that on certain dates mentioned therein, the plaintiff deposited certain sums of money with the defendant, a banking corporation, aggregating in all the sum of $1,060.10, and that there was due and unpaid from the defendant to the plaintiff, said sum, for which judgment was asked. The answer of the defendant denied the allegations of the complaint.

The court found that the allegations of the plaintiff’s complaint were untrue, and further found as follows: “The o'jurt finds from the evidence that the sums of money referred to and specified in paragraph II of plaintiff's complaint (being the items to which we have referred), were paid to defendant pursuant to the terms of a certain contract between C. D. Plum and Forgay Lumber Company, as to a portion thereof, and pursuant to the terms of a certain temporary injunction issued by the above-entitled court in an action heretofore and now pending in the superior court of the state of California, in and for the county of Plumas, whereby Forgay Lumber Company is plaintiff and C. D. Plum is defendant. That the sums of money deposited pursuant to the terms of said temporary injunction were and are held…

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