Fraser

Appeal by defendant Fraser from a judgment and from an order denying a new trial.

Plaintiff filed a verified complaint alleging its due organization and existence as a California corporation, setting out in kaec verba a non-negotiable promissory note, joint in form, payable to the People’s State Bank, and signed by defendants Fraser and Wyneken, alleging that no part had been paid except interest for one year, and the assignment and transfer of the note to plaintiff. Defendant Wyneken made default. Fraser answered, averring that he had not sufficient information and belief upon the subject to enable him to answer, and upon that ground denied that plaintiff is now, and at all times mentioned in the complaint has been, a corporation, etc. Further, for want of information and belief, denied that no part of the note had been paid except the one year’s interest; and, for want of information and belief, denied that no part of the note remained unpaid. By way of counterclaim, set up an account against plaintiff theretofore assigned to him, which he alleged remained unpaid, and for the amount of which he asked judgment.

The court, on motion, struck from the amended answer of defendant…