In what circumstances will a bank officer be found liable for failing to disclose that there were delinquent taxes against the land?

California, United States of America


The following excerpt is from Glunt v. City and County of San Francisco, 274 Cal.App.2d 269, 79 Cal.Rptr. 513 (Cal. App. 1969):

The bank officer later admitted that at the time of the foregoing telephone conversation he had been informed, and knew, that there were delinquent taxes against the land; he had discussed that subject with the executor's attorney. And as stated, the amount required to redeem the land was readily available to him from the county controller. It has been said that such testimony concerning statements of a deceased declarant 'constitute(s) the weakest and most unsatisfactory of all kinds of evidence.' (Lohman v. Lohman, 29 Cal.2d 144, 149, 173 P.2d 657, 660.) In any event the bank officer's testimony at most created a conflict, which we must infer the trial court resolved against plaintiffs.

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