Shuman

The plaintiff, a finance promotion corporation, organized and existing under the laws.of this state, whose principal place of business is in the city of Los Angeles, instituted this action to recover from defendant, as alleged in the first count of the complaint, the sum of $1,165, as for money “had and received,” and, as alleged in the second count of the complaint, for the additional sum of $84.30, on account of moneys paid out by plaintiff for defendant at the special instance and request of the latter. The plaintiff prayed for judgment in the total sum of $1,249.38, being the sum of the amounts sued for in both counts of the complaint.

The answer filed by defendant denied the allegation of the complaint, admitting, however, that plaintiff, prior to the commencement of the action, demanded payment from defendant of the sum alleged in the first count to be due it from the latter- and that defendant refused to pay said sum or any sum to plaintiff; alleged that defendant has fully paid and discharged any debt or obligation he ever owed to plaintiff or that ever existed against him in favor of plaintiff, etc.

Defendant also filed a cross-complaint, demanding judgment against…