Moshos

Moshos v. General Casualty Co. of America

Good Law
1963 Cal. App. LEXIS 2032·216 Cal. App. 2d 425·31 Cal. Rptr. 17
Court of Appeal of CaliforniaMay 21, 1963Civ. No. 26758California1,548 words

Opinion

Lead Opinion

Herndon, J.

General Casualty Company of America appeals from a judgment rendered against it following a non-jury trial. Judgment was entered against the Colonial Escrow Corporation and Jack D. Bowman also, but no appeal has been taken by these defendants. As grounds for reversal, appellant urges that the evidence is insufficient to support the judgment and that the court abused its discretion in denying appellant’s motion for a continuance made on the day of trial for the purpose of seeking a substitution of attorneys. With one exception, all the material and relevant facts were established either by the allegations and admissions in the pleadings or by stipulations made during the pretrial proceedings.

At all times here material, defendant Colonial Escrow Corporation was bonded by appellant in accordance with the provisions of sections 17202 and 17203 of the Financial Code. During this same period and until some time in mid-December of 1958, defendant Jack D. Bowman was the president of Colonial Escrow Corporation, owned all of its stock, and paid the salary of its only other employee.

Shortly prior to September 17, 1958, plaintiff and defendant Jack D. Bowman entered into an agreement…

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