Garbe

This action was brought to recover money alleged to have been loaned to the defendant. The defendant recovered judgment, and the plaintiff appeals from the judgment and from an order refusing a new trial.

One of the points made is that there is no adequate finding upon a material issue, and that without such finding the judgment cannot be sustained. The complaint states that “within two years last past, and on or about the 18th day of November, A. D 1892, the said plaintiff lent to the said defendant, at her request, the sum of eight hundred dollars in gold coin of the United States.” It further states that the money Was loaned to enable defendant to purchase a lodging-house, and was so used, and that defendant agreed to pay the same in installments of $50 per month, but has failed and neglected to do so, and, though requested, refuses to pay any part thereof. The only finding relating in any way to these allegations is in the following words and figures: “That the plaintiff did not on the 18th day of November, 1892, lend the said defendant the sum of eight hundred dollars in U. S. gold coin.” With a strong desire to avoid the reversal of a *911 judgment for the insufficiency of…