Brandt

Brandt brought this action to recover on a promissory note for the sum of $3,750, which was executed in his favor by Krogh and Abrams on the twenty-second day of October, 1904, at the city of Stockton. Said note called for interest at the rate of seven per cent per annum, and it is alleged that on the twenty-fourth day of January, 1906, the sum of $596.95 was paid on account of said note, leaving a balance due thereon of $3,524.90, for which, with interest from said twenty-fourth day of January, 1906, judgment is asked.

The defendant Abrams failed to answer the complaint, and, therefore, as to him judgment by default was entered.

The defendant Krogh in due time filed an answer in which he made specific denial of the essential averments of the complaint, and, in addition, set up a counterclaim for the sum of $5,000, and, besides, filed a cross-complaint in which he charged that the note declared upon, as well as another note for a like amount executed by him and Abrams at the same time and in favor of plaintiff, were procured by and through misrepresentation and fraud practiced upon him by the defendant Abrams.

The court found in favor of Krogh on the counterclaim, and further…