Akopoff

This is an action in three counts for a money judgment. The third count is upon a promissory note. The answer denies the allegations of the complaint, and in addition sets up a separate defense that, since its execution, the note has been altered and is null and void, and also a defense “that the defendants have paid to the plaintiff the whole sum,” etc. Judgment was entered in favor of the defendants and plaintiff assigns three grounds of appeal.

He first contends that the evidence does not support the findings. We have read the reporter’s transcript and there is substantial evidence to sustain the findings of the trial court.

Appellant next contends that the trial court committed error in admitting, over the objection of the plaintiff, testimony that the note did not bear the figures $606 at the time it was signed and delivered. Appellant contends that the writing speaks for itself and that section 1855 of the Code of Civil Procedure, known as the best evidence rule, excludes such evidence. The above section has no application to the question involved. The true rule is expressed by section 1856 of the Code of Civil Procedure, and is called the extrinsic evidence rule. While…