Hyperlawhypertext legal databasebeta O'Donnell v. Kennedy 120 Cal. App. 2d 926

← Cases

O'Donnell v. Kennedy

120 Cal. App. 2d 926 Court Appellate Department, Superior Court, San Bernardino Decision date 1953-10-26 Docket Civ. A. No. 10 English

Delivered by MITCHELL, J.

Contents

Majority

p. 926
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.

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.