Griffith v. Lewin

COOPER, C.

This action was brought to recover $879.90 balance due on a promissory note made by defendant’s intestate. Upon the first trial the court below found that the note had been fully paid, and ordered judgment for defendant. This judgment was reversed here upon the ground that the evidence was insufficient to sustain the finding, and the cause was remanded for a new trial. (Griffith v. Lewin, 125 Cal. 618.) Upon a retrial the court found that the note has not been paid, and that all the allegations of the amended complaint are true, except the allegation that the claim upon the…