O'DONNELL v. KENNEDY

Civ. A. No. 10. Oct. 26, 1953.]

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

COUNSEL

Harold Payne for Appellant.

C. P. Monningh for Respondents.

OPINION

MITCHELL, J.

[1] 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.