Russ Lumber & Mill Co. v. Hellman Commercial Trust & Savings Bank

This case is a sequel to the case of Russ Lumber & Mill Co. v. Peoples Trust & Savings Bank, reported in 76 Cal. App., page 438 [ 244 Pac. 934 ]. In that case the plaintiff herein recovered a judgment against the Peoples Trust & Savings Bank on certain orders for lumber and building material which had been given to the Russ Lumber & Mill Company in the name of the Peoples Trust & Savings Bank by its president, J. C. Odell. It was decided in the former case that these orders were obligations of the bank. That judgment being paid only in part, the Russ Lumber & Mill Company brought the present action agáinst the Heilman Commercial Trust & Savings Bank, which, pursuant to section 31 of the Cali fornia Bank Act, had purchased the whole of the business of the Peoples Trust & Savings Bank and had taken possession and control of all of its assets. This action was brought against the Heilman Commercial Trust & Savings Bank by the plaintiff herein as a judgment creditor of the Peoples Trust & Savings Bank. The complaint sets up two causes of action. The first count seeks to recover from the defendant on the ground that it in writing expressly assumed and agreed to pay all of the debts and…