Appeal from the Twelfth District Court, City and County of San Francisco.
Action upon a promissory note, which is set out in the complaint.
The answer contained a general denial; a plea that the note was obtained by false and fraudulent representations as to the amount of certain indebtedness of the defendant to the plaintiff, for which it was given; a plea of payment; and a counterclaim for $ 865.90.
The Court found that there was due to the plaintiff from the defendant, upon the promissory note set out in the complaint, the sum of $ 943.30.
O'Connor & Pardow, and Frank O'Connor, for Appellant.
George W. Fox, for Respondent.
Department No. 1, by the Court (from the Bench):
The Court below failed to find upon material issues raised by the pleadings.
Judgment and order reversed, and cause remanded for a new trial.