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CLARKE v. HORANY

Docket No. 25966.

212 Cal.App.2d 307 (1963)

27 Cal. Rptr. 901

RICHARD H. CLARKE, Plaintiff and Appellant, v. SAM HORANY et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Three.

January 24, 1963.

Attorney(s) appearing for the Case

Hal L. Coskey and Max Goldenberg for Plaintiff and Appellant.

Ellis & Sloan, Lyle C. Ellis and George D. Sphier for Defendants and Appellants.

FILES, J.

This is an action brought under section 3 of the Usury Law1 to recover treble damages for interest paid. After a trial without a jury the court gave judgment in favor of all defendants. Thereafter the court granted plaintiff's motion for a new trial, specifying insufficiency of the evidence as one of the grounds for the ruling. Defendants have appealed from the order granting a new trial and plaintiff has taken a cross-appeal...

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