General

W. F. O'DONNELL et al., Respondents, v. A. T. KENNEDY, Appellant

120 Cal. App. 2d 926·Appellate Division of the Superior Court of the State of California·1953·CA

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Opinion

Appellate Department, Superior Court, San Bernardino [Civ. A. No. 10. Oct. 26, 1953.] W. F. O’DONNELL et al., Respondents, v. A. T. KENNEDY, Appellant. Harold Payne for Appellant. C. P. Monningh for Respondents. [MAJORITY — MITCHELL, J.] MITCHELL, J. On August 17, 1949, respondents loaned to appellant the sum of $360, and took from appellant his promissory note for the sum of $413. During the next 15 months the appellant repaid to respondent the sum of at least $438, perhaps $498. The overpayment may have been made on account of another loan of $114.75: The indebtedness having been paid, the obligation has been discharged. Judgment reversed. Findlay, J., and Coughlin, J., concurred.