Wood

Appellant is the Superintendent of Banks of the state of California, and as such took possession of the property and business of the Farmers and Merchants Bank of Imperial on October 10, 1927. One of the assets of the bank which came into his possession was a promissory note dated February 2, 1926, in the principal sum of $1500, signed by Jack Kennedy and J. C. Sharp. The indorsements show interest paid to Jane 2, 1927, and a credit of $170.16 on the principal. The complaint is in the usual form in actions of this kind.

Respondent filed an answer containing several special defenses. He also filed a cross-complaint for the recovery of the $170.16 which had been credited as having been paid by him on the note.- The trial court gave judgment against Kennedy for the $1500 principal of the note, together with interest. It rendered judgment in favor of respondent on the promissory note and on the cross-complaint. Appellant has judgment against Kennedy for the full amount of the principal and the unpaid interest of the note, and respondent has judgment against appellant for $170.16. No appeal is taken from the judgment against Kennedy. The appeal is from the judgment awarding respondent…