Abbe

The plaintiffs commenced an action against the defendant to recover the amount of an unpaid bill of exchange theretofore delivered by the defendant. The defendant appeared and answered, and a trial was had in the trial court before the court sitting without a jury. The trial court made findings in favor of the plaintiff, and from a judgment entered thereon the defendant has appealed.

The first finding made by the trial court found the fact to be that at all times mentioned in the complaint of the plaintiffs they were copartners and had complied with sections 2466 and 2468 of the Civil Code. The finding was directly responsive to the first allegations contained in plaintiffs’ complaint. However, the defendant contends that there was no evidence introduced on the subject. In reply to that contention the plaintiffs call to our attention that the denial contained in the answer of the defendant was based on want of information or belief, and that, therefore, the denial raised no issue. (21 Cal. Jur. 153.) The reply is sufficient, and it follows that it was not necessary for the court to make any finding on the subject.

Prior to April 5, 1927, the date of the bill of exchange, the…