Elliott

Plaintiff sued to recover the balance due on a promissory note for the sum of $1,000 executed by defendant J. H. Sims. Plaintiff alleged that $450 had been paid on the note, and asked judgment for $550 and an attorney’s fee. Defendant Sims filed an answer and cross-complaint in which he alleged that J. P. Mannen, originally a party defendant, had sold him a number of shares of the capital stock of Richfield Southern Oil Company; that Mannen was an agent of said company; that the note was to be “placed in escrow by said company until paid.” Sims further alleged that the note, quoting from his cross-complaint, “was sold and transferred by the defendant Mannen with the knowledge of the defendant Rich-field Southern Oil Co., to the cross-defendant Elliott, who this cross-complainant alleges on information and belief knew and was well acquainted with all of the facts surrounding the ease and further that said cross-defendant Elliott was acting in collusion with the cross-defendants Mannen and Richfield Southern Oil Co., for the purpose of defrauding the cross-complainant Sims of the value of face of said note and of dividing the profits between them.” He asks that the note be canceled…