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American Trust Co. v. California Western States Life Ins. Co.

California Court of Appeals
Feb 1, 1938
76 P.2d 201 AMERICAN TRUST CO. v. CALIFORNIA-WESTERN STATES LIFE INS. CO. No. Civ. 10431 District Court of Appeals of California, First District, Second Division February 1, 1938

          As Modified on Denial of Rehearing March 3, 1938.

          Hearing Granted by Supreme Court March 31, 1938.

          Appeal from Superior Court, City and County of San Francisco; Daniel C. Deasy, Judge.

          Action by the American Trust Company against the California-Western States Life Insurance Company, for a declaratory judgment with respect to the right of the defendant to repayment of moneys which the defendant had paid to the plaintiff for shares of the stock issued by the defendant. Judgment for the defendant, and plaintiff appeals.

          Reversed.