[Download] "Calhoun V. Huntington Park First Savings And Loan Association" by Fourth Appellate District District Court Of Appeal Of California * eBook PDF Kindle ePub Free

eBook details

Title: Calhoun V. Huntington Park First Savings And Loan Association
Author : Fourth Appellate District District Court Of Appeal Of California
Release Date : January 17, 1960
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 80 KB

Description

The plaintiff, Frank A. Calhoun, herein referred to as "Calhoun," sued the defendant, Huntington Park First Savings & Loan Association, a corporation, herein referred to as the "Association," to recover the amount of his claim for material furnished and services rendered in connection with certain construction work, alleging that the Association was the holder of construction loan funds deposited with it for the payment of such work; that he filed a stop notice with it, as provided by law; and that, disregarding this notice, the Association thereafter transferred all of such funds to an escrow holder payable to trustees for the benefit of creditors, without withholding therefrom sufficient money to satisfy his claim. The defendant answered and cross-complained bringing into the action the escrow holder, Security Title Insurance Company and the trustees, Glen Behymer and Ralph Hoffman. Judgment on the complaint was rendered in favor of Calhoun and against the Association for the amount in question, without interest; and on the cross-complaint directing the trustees to make an accounting and decreeing payment to the Association of a prorata share of the funds remaining in escrow. The Association appeals from that part of the judgment awarding Calhoun recovery on his complaint. Calhoun appeals from that part of the judgment denying him interest. No appeal is taken from that part of the judgment directed to the issues raised by the cross-complaint.