(DOWNLOAD) "Dierkes v. City of Los Angeles" by Supreme Court Of California In Bank * eBook PDF Kindle ePub Free
eBook details
- Title: Dierkes v. City of Los Angeles
- Author : Supreme Court Of California In Bank
- Release Date : January 16, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiffs brought this action to recover royalties from defendants Hubert and Donald Kumle, Leon Brier and Placer Properties Company, lessees, under the terms of a mining lease. To secure a loan of $25,000 plaintiffs assigned all royalties due or to become due from the lessees to the Bank of America National Trust and Savings Association. The loan was made by the Oakdale branch of the bank in conjunction with other mining operations in which both plaintiffs and defendants were interested. The bank was made a party defendant to the action. The lease provided that the lessees pay advance royalties of $200 per month and be credited for such payments when royalties accrued. After defendants had received written notice of the assignment and agreed in writing to pay all royalties to the bank, they made fourteen monthly payments to plaintiffs of advance royalties aggregating $2,800, the last in April, 1941. This action was begun in February, 1942, and came to trial in June, 1942. Not until the close of the evidence did the bank file a pleading entitled "Plea for Moneys Unlawfully Paid to Vanciel After Assignment, to Conform to Proof" in which it protested for the first time the advance royalties paid to plaintiffs. The trial court found that T. C. Smethers, the manager of the Oakdale branch of the bank, consented to the first payment and by failing to object, acquiesced in the remaining ones, but that none was made with the knowledge or consent of the head office. The court also found that Smethers was not authorized to waive the payments to the bank, although defendants acted in good faith in the belief that he was. The court entered judgment in favor of the bank against defendants in the sum of $4,731.85, which included the $2,800 that defendants had previously paid to plaintiffs. Defendants appeal from that part of the judgment awarding the bank the latter sum.
 "Dierkes v. City of Los Angeles" by Supreme Court Of California In Bank * eBook PDF Kindle ePub Free){kind=link}