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Action to recover $1,000 alleged to have been loaned by plaintiff to defendant, at the latter’s instance, upon agreement to pay the same within six months. It is alleged that plaintiff has frequently demanded and as often defendant has refused payment. The complaint is verified, and the answer denies its allegations specifically and denies any indebtedness. Plaintiff had judgment, and defendant appeals from the judgment and order denying his motion for a new trial. The court found the following facts: (1) “That on August 28, 1897, .... plaintiff did, at the special instance and request of defendant and Jeanie Black, loan and deliver to defendant and Jeanie Black jointly the sum of $1,000”; (2) “defendant promised to repay the same "to plaintiff, with interest, within six months from date”; (3) “that plaintiff has demanded of defendant at various times the payment of said amount since the same became due, but that defendant has failed and refused to pay the same, or any part thereof, or the interest thereon.”

1.- It is claimed that the findings do not support the judgment, for the reason that the court found (finding 1) that the loan, which is the basis of the suit, was made to…