McKeehan

From a judgment in favor of plaintiff decreeing cancellation of- a promissory note executed by plaintiff and made payable to defendant, defendant appeals. Plaintiff’s complaint, which was filed on August 16, 1928, embraces three causes of action. The first alleges that there was an entire lack of consideration for the note, that the defendant has demanded payment of it and plaintiff has reasonable apprehension if it is left outstanding he will thereby suffer serious injury. The second alleges that the indebtedness for which the note was given was an indebtedness due to defendant from a certain corporation and that plaintiff was induced to execute the note through the false and fraudulent representation of defendant that the indebtedness of the corporation to defendant had been incurred subsequent to October 21, 1927, the date on which plaintiff was elected director and secretary of the corporation and that plaintiff, acting in reliance upon such false representation and under a mistaken belief that he was the owner of one-third of the capital stock of the corporation, executed the note. The third cause of action alleges that the total indebtedness of the corporation to defendant…