Katz v. Krauss Co. Employees' Pension Fund

HALL, Judge.

This is an appeal from a summary judgment rendered under the authorization of LSA-C.C.P. Art. 966. There are no material issues of fact involved and no exception to the judgment has been taken on procedural grounds.

Plaintiff sued to recover the sum of $1,-787.50 which he alleged represented an overpayment of interest to defendant in connection with a mortgage note made by him and held by defendant. Defendant answered denying that the sum claimed was an overpayment and alleged on the contrary that the sum was legally due and owing at the time defendant paid it. Defendant then…