First Nat. Bank of Chicago v. California Nat. Bank of San Diego

This appeal is prosecuted from a final judgment in favor of plaintiff and from an order denying motion for a new trial. There are three counts in the complaint, as follows: (1) Upon a promissory note for $12,500, dated October 19, 1881, made by “California National Bank, per J. W. Collins, Pres.,” upon which a payment of $2,500 was admitted ; (2) a cause of action upon an overdraft for $9,862.95, which was admitted, except that defendant claimed that the $2,500 credited in the first cause of action should be applied to the second; (3) a cause of action for the recovery of $25,000, loaned by plaintiff to defendant May 18, 1891, with a credit thereon of $15,000.

The findings are in favor of plaintiff, and are sufficient to support the judgment. By the second finding it appears that “the first and third counts of plaintiff’s complaint relate to the same indebtedness.” According to these findings, the plaintiff on the eighteenth day of May, 1891, loaned to the defendant $25,000 at defendant’s request; that defendant paid *405 the interest thereon up to the nineteenth day of October, 1891, and $12,500 on account of the principal, and 1 that on said last-named date the defendant made…