Appellate Division of the Superior Court of California, 1953

O'Donnell v. Kennedy

O'Donnell v. Kennedy
Appellate Division of the Superior Court of California · Decided October 26, 1953 · Mitchell
120 Cal. App. 2d 926
O'Donnell v. Kennedy

Opinion of the Court

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.

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