Leverone

The plaintiff brought this action on a promissory note, dated August 1, 1885, and payable one day after date, and the defendant pleaded as a defense thereto that there was no consideration for the execution of the note by him. The note was originally made by Thomas Hildreth, the father of defendant, and some months later was signed by defendant. The case was tried and the findings and judgment were in favor of the plaintiff. From that judgment and an order denying a new trial the defendant appealed. After a hearing by this court in bank, the judgment and order were reversed and the cause remanded, upon the ground that the findings as to the consideration for the execution of the note by defendant were against all the evidence. The court said: “There is no material conflict of testimony as to the circum *193 stances under which he added his signature to the note. Respondent was pressing his father for payment, and, at the father’s request, the son signed. There was no extension of credit, no promise of forbearance, written or oral”: 80 Cal. 139 , 22 Pac. 72 . The case was again tried, and the court found that “there was no consideration for the execution by the defendant of the…