HONAN v. NATIONAL THRIFT CORPORATION OF AMERICA (1936)

The last three paragraphs of the opinion heretofore filed herein are hereby ordered stricken therefrom, and in lieu thereof the following is substituted:

“Appellant also complains as to the disposition which the trial court made with reference to the $6,000 which it is admitted respondents received from National Thrift Corporation upon the execution of the note. Treating the note as usurious on account of the exaction from the makers of the 15 per cent. ‘bonus,’ the court decreed that, while respondents were indebted to National Thrift Corporation in the sum of $6,000, the money was not due until July 25, 1937, the expiration date of the usurious loan. Also, relying upon the provisions of the Usury Law (St.1919, p. 1xxxiii), the court refused any interest upon the $6,000 advancement.

“Appellant is not in a position to object as to the court's action with relation to the $6,000. That matter concerns defendant National Thrift Corporation alone, and no appeal having been taken by said defendant, the judgment of the trial court as to it and as to the disposition of the $6,000 is final. Appellant not being in any manner concerned as to the item in question, it may not be heard to complain thereof upon appeal. Lake v. Superior Court, 187 Cal. 116, 200 P. 1041.

“Judgment affirmed.”

PER CURIAM.