Doe

This is an appeal by "defendant from a judgment and order denying his motion for a new trial.

The complaint sets forth two causes of action, the first count alleging that defendant became indebted to plaintiff •on the nineteenth day of December, 1899, in the sum of $747.95 for freight money upon a cargo of coal that day •delivered by plaintiff to defendant at his (defendant’s) ¡special instance and request, which said defendant promised to pay in consideration of the delivery by plaintiff to defendant of said cargo of coal.

The only points presented by the appeal concern the first •cause of action.

The first point urged is, that “The evidence is insufficient to justify or sustain the finding and decision contained in paragraph 1 of the findings of fact herein:

The plaintiff, among other things, testified that in December, 1899, he brought a cargo of coal to San Francisco on the steamer Alice Blanchard, arriving here about December 18th, and consigned to Charles R. Allen. That on the eighteenth day of December he called upon the agents of the consignors with reference to the freight money. They did not pay, and, continuing, the witness said: “On that day I had a conversation…