J. G. Ferguson Publishing Co. v. First National Bank

Good Law
131 Cal. Rptr. 344·1976 Cal. App. LEXIS 1713·60 Cal. App. 3d 188
Court of Appeal of CaliforniaJuly 16, 1976Civ. No. 44952California1,827 words

Opinion

Lead Opinion

Hanson, J.

Plaintiff J. G. Ferguson Publishing Company (hereinafter referred to as Ferguson), an Illinois corporation, commenced an action in Los Angeles Superior Court against defendants Universal Programming, Inc. (hereinafter referred to as UPI), a California corporation, and First National Bank of Boston, Inc. (hereinafter referred to as *190 the Bank), a Massachusetts corporation. Ferguson appeals from the trial court’s order dismissing its complaint which alleged against Bank causes of action for interference with contractual relations, conversion and fraud.

The Case

Plaintiff-appellant Ferguson’s complaint against the Bank alleges, in substance, that: UPI and the Bank entered into a factoring arrangement whereby UPI became indebted to Bank in the sum of $1,800,000 as of April 1970; that Ferguson supplied encyclopedias to UPI and in early April 1970 had an account receivable from UPI; that Ferguson requested payment for amounts past due from UPI; that UPI on April 13 mailed to x Ferguson a check in the amount of $30,568.22 which was the amount owing as of March 27, 1970; that the day after the check was mailed UPI stopped payment thereon; 'that one of Bank’s officers or…

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