Bream v. Nevada Motor Co.

OPINION

By the Court,

Coleman, J.:

Respondent, as plaintiff, brought suit to recover a money judgment. The amended complaint upon which the trial was had contains four causes of action. The first three causes of action were upon promissory notes and the fourth was upon an account stated.

An answer was filed admitting the execution of the notes sued upon, but alleged that the notes sued upon in the first and second causes of action were deposited as security to secure certain contingent indebtedness that never accrued. The answer alleged full payment of the note described in the third cause of…