ASPEITIA v. CALIFORNIA TRUST CO.

Docket No. 22355.

158 Cal.App.2d 150 (1958)

322 P.2d 265

MARCUS D. ASPEITIA et al., Respondents, v. CALIFORNIA TRUST COMPANY (a Corporation) as Executor, etc., et al., Defendants; CALIFORNIA BANK (a Corporation) as Executor, etc., Appellant.

Court of Appeals of California, Second District, Division Three.

March 3, 1958.


Attorney(s) appearing for the Case

Samuel S. Adler for Appellant.

Lillie & Bryant and Cy H. Lemaire for Respondents.


VALLÉE, J.

Plaintiffs brought this action against California Trust Company, now California Bank, as executor of the will of Cayetano Minjarez, deceased, to recover moneys alleged to have been paid in violation of the usury law. Plaintiffs had judgment. Defendant appeals.

On December 20, 1950, Minjarez loaned plaintiffs Marcus and Manuel Aspeitia $560; on January 24, 1951 — $1,700; on February 16, 1951 — $300; on April 3, 1951 — $1...

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