Bernardini

The defendant Gomes Bernardini has taken this appeal from an adverse judgment in an action brought against him by the plaintiff California Credit and Collection Corporation upon an assigned promissory note dated May 4, 1920, for the principal sum of $750 given by him to plaintiff’s assignor, Virden Packing Company, as payment for the balance of the purchase price of corporate stock issued and sold to him by said Virden Packing Company.

Appellant resisted payment of the note upon the ground that its execution had been obtained through fraudulent ¡ representations made to him by the representative of said packing company at the time the stock was purchased. Those representations, as they are set forth in the answer, were as follows: that “said Virden Packing Company was doing a large and profitable business and that the actual value and the market value of its capital stock was $100 per share, and it would soon thereafter be worth $125 per share and was paying big dividends.” It was further alleged that said representations were false; that at the time the same were made neither the actual nor the market value of the capital stock of said packing company exceeded $65 a share and…