Bracht

The case which gives rise to this appeal is one wherein the appellant as plaintiff filed an action in the superior court in and for the county of Los Angeles, to recover judgment on a check for the sum of $657, which cheek, it was alleged, was issued and for a valuable consideration delivered to the plaintiff by the defendant and respondent. The complaint sets forth the usual allegations of presentation and dishonor of the check by the bank on which it was drawn, and the subsequent demand upon the maker for payment, and his refusal to make payment.

The answer admits the execution and delivery of the cheek as also the demand and refusal of payment, but denies that the cheek was given for a valuable consideration. The answer contains in addition in paragraph IY the following allegations:

Findings and judgment went for the defendant, from which the plaintiff prosecutes this appeal.

Appellant in urging a reversal of the judgment contends that the following findings are not supported by the evidence in the case: (a) “Said contract was, by mutual consent, cancelled.” (b) “There was no consideration for said check.” (c) “That said plaintiff agreed with said defendant to make, execute…