Pierce v. Lowenthal

This action upon a note, indorsed by appellant Charles Lowenthal, who will henceforth be mentioned as if the only appellant, was tried to the court without a jury, who found the facts in favor of respondent and entered judgment accordingly.

The facts are irreconcilably conflicting, but there is ample evidence in the record to support the findings made by the trial court.

From the evidence adduced by respondent, upon which the trial court found in his favor, the following appears:

At some time during 1926, respondent was in the restaurant business, with one Nesbit as copartner. During the…