Conrad

Defendant appeals from a judgment rendered against him and in favor of plaintiff for $2,750 upon a complaint containing four causes of action, the first three of which were upon promissory notes and the fourth for money loaned to the amount of $1,500. The attack upon the judgment is confined to that portion of it which relates to the fourth cause of action.

[1] The facts material to the opinion are: In November, 1915, plaintiff delivered to defendant $3,000 and received from Mm shares of stock in the National Film Corporation of the par value of $2,000. As a part of the transaction it was agreed that the plaintiff should be employed as an actress or performer by the National Film Corporation at a salary of forty dollars per week. After plaintiff’s money had been obtained by the defendant she was employed for a period of two weeks and paid the stipulated salary. Thereupon the corporation ceased to do business and permitted its charter to lapse through its failure to pay the state license tax. In February, 1916, plaintiff called upon defendant and made a demand for the return of her money, and thereupon defendant gave her $250 in cash, the three notes which are the basis of the…