Dodson v. Greuner

STURTEVANT, J.

The record before us presents seven appeals in seven actions arising out of loans made by the Bank of America to W. M. Greuner, since deceased. The bank assigned its claims to this plaintiff and as such assignee he maintained the litigation. The plaintiff appealed in one case and the defendant, Philip Gruener, as special administrator of the estate of W. M. Greuner, deceased, appealed in each of them.

Plaintiff’s Appeal.

The plaintiff’s appeal was taken in the action entitled

A. D. Dodson, Plaintiff,

v.

Philip Greuner, as Special Administrator of the Estate of W. M. Greuner, Deceased, Defendant.

Prior to November 1, 1930, W. M. Greuner borrowed from Bank of Italy National Trust and Savings Association, three several sums of money and executed and delivered to said association his promissory notes promising to repay said sums with interest as therein stated. Said association, on November 1, 1930, consolidated with Bank of America National Trust and Savings Association. On December 1, 1930, W. M. Greuner borrowed from the Bank of America a further sum and executed and delivered his promissory note promising to repay such sum with interest. On February 8, 1934, W. M. Greuner died. No general letters testamentary or general letters of' administration have ever been issued on his estate. On February 23, 1934, Philip Greuner was appointed special administrator of the estate of W. M. Greuner, deceased. On March 13, 1934, an order was duly made granting said special administrator powers of a general administrator of the estate of W. M. Greuner, deceased. On March 31, 1934, a notice to creditors of the deceased was published. On September 28, 1934, plaintiff caused to be presented, pursuant to said notice to creditors, his claim based on said promissory notes. The four several notes matured respectively on August 29, 1930, August 2, 1930, March 1, 1931, and August 29, 1930. On February 8, 1934, the date of the death of W. M. Greuner, the de

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cedent was in default in his payments on each and all of the said notes. No action was taken on said claim and on June 29, 1935, the plaintiff commenced this action. That is he commenced his action sixteen months after special letters of administration issued and fifteen months after the order granting general powers issued. The defendant filed an answer setting forth many denials and pleaded as an affirmative defense that the action was barred by section 353 of the Code of Civil Procedure. The trial court made findings of fact in favor of the defendant and from the judgment entered thereon the plaintiff has appealed.