Francisco v. Francisco

The respondent Tony Francisco, hereinafter designated as plaintiff, brought action against appellant, Joe Francisco, hereinafter termed defendant, to recover on a promissory note given by defendant to plaintiff and to foreclose a real estate mortgage securing the same. Defendant’s answer admits the execution and delivery of said note and mortgage, denies that the amount claimed by plaintiff was owing thereon or that the mortgage had been renewed as required by law. Defendant also set up as an “offset” or “recoupment” against his indebtedness to plaintiff the allegation that at the time the…