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HOLSCLAW v. CATALINA SAVINGS & LOAN ASSOCIATION

No. 2 CA-CIV 714.

13 Ariz. App. 362 (1970)

476 P.2d 883

Douglas S. HOLSCLAW and Alice Y. Holsclaw, husband and wife, and Lena H. Johansen, a widow, Appellants, v. CATALINA SAVINGS & LOAN ASSOCIATION, a corporation, and Malcolm Hillock and Beverly C. Hillock, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 6, 1971.

Review Denied February 16, 1971.

Attorney(s) appearing for the Case

Tannenbaum & Tannenbaum by Arthur A. Tannenbaum, Tucson, for appellants Holsclaw.

Lawrence E. Holladay, Tucson, for appellant Johansen.

Estes, Browning & Zlaket by Donald Estes, Odin B. Dodd, Tucson, for appellee Catalina Savings & Loan Assn.

Molloy, Jones, Hannah, Trachta & Coolidge by J. Richard Hannah, Tucson, for appellees Hillock.

EUBANK, Presiding Judge.

The principal question placed before us in this litigation is whether a recipient of funds paid to satisfy a mortgage was the collection agent of the holders of the mortgage. The trial court held that the agency relationship was established, and that the mortgage debt was discharged. We affirm the holding.

The trial court made comprehensive findings of fact, and appellants have not seen...

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