Anderson

This is an appeal from a judgment against plaintiff taken within sixty days from the entry of judgment.

The only errors relied on for a reversal of the judgment are that the court erred in overruling plaintiff’s demurrer to defendant’s answer, and in granting defendant’s motion for a nonsuit.

The action was brought to recover of defendant the sum of $1,000. It is alleged in the complaint “That on said last-named date (August 8, 1903) said plaintiff delivered to and left with said defendant, the Bank of Santa Cruz, said sum of $1,000, in gold coin of the United States of America. That the said last-named defendant then and there received said last-named sum of money and agreed to repay the same to said plaintiff on his order or demand.” Then followed an allegation of a demand and refusal to pay.

Defendant’s answer denies that it ever received $1,000, or any other sum of money from plaintiff except that it sold to plaintiff a bill of exchange for $1,000, payable to the order of a third party, one \ R. Helbron, and received therefor $1,001. The answer fr ither denied that defendant ever agreed to pay the sum of $1,000, or any other sum, to plaintiff or to his order.

This we think…