WELFARE INV CO v. STOWELL (1935)

District Court of Appeal, Second District, Division 2, California.

WELFARE INV. CO. v. STOWELL.

Civ. 9464.

Decided: May 23, 1935

Davis & Thorne, of Los Angeles, for appellant. Meserve, Mumper, Hughes & Robertson, of Los Angeles, for respondent.

The petition for rehearing is denied. The opinion, appearing in 44 P.(2d) 625, is, however, amended to read as follows:

The portion of the second paragraph, column 1, on page 627, reading as follows: “The Security-First National Bank caried separate ledger sheets upon which this note was charged against the makers and ‘upon such sheets and upon the date of the Welfare acquisition of the note, these accounts were marked “paid in full”’ is stricken and the following placed in lieu thereof: ‘The Security-First National Bank carried separate ledger sheets upon which this note was charged against the makers and upon such sheets under the date of the Welfare acquisition of the note, these accounts were credited in the payment column.”’

Paragraph 5, column 2, page 627, reading: “The mere fact that the bank in its bookkeeping charged off the accounts of the note makers as being paid is no evidence against the makers themselves and it is wholly inconsistent, except as a bookkeeping convenience with all of the written facts of the transaction” is stricken from the opinion.

PER CURIAM.

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