Singh v. Singh

FINCH, P. J.

The complaint herein states eight separate causes of action against defendant for moneys alleged to be due from him to plaintiff. The answer specifically denies all the items of such alleged indebtedness. The defendant also filed a cross-complaint against the plaintiff, alleging that “on or about the year 1921, plaintiff and defendant were engaged as copartners in raising a crop of rice on the Krehe Brothers ranch near Live Oak, and after the expenses thereof had been paid the net share of this defendant

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amounted to the sum of $1,020 . . . which said sum was collected by the plaintiff herein and appropriated- by him to his own use, . . . and the whole of said sum of $1,020 is still due, owing and unpaid from plaintiff to defendant.” For a further cross-complaint the defendant alleged that the plaintiff was indebted to him in the sum of $400 for “moneys advanced to and for the use of said plaintiff.” Findings were waived and judgment was entered against plaintiff on the second and fifth causes of action stated in the complaint and in his favor on the other counts. Defendant has appealed from the judgment on a bill of exceptions.

Much of appellant’s argument is devoted to the weight of the evidence, a question with which this court has nothing to do. It will be sufficient in this respect to ascertain whether there is substantial evidence which fairly supports the judgment.

The first count is for the sum of $142.77 alleged to have been paid by plaintiff for defendant. Admittedly the money was so paid by plaintiff. Plaintiff testified that the money had not been repaid. Defendant testified that he had paid the same to plaintiff. The third count is for board alleged to be due plaintiff from defendant. Plaintiff testified that no part thereof had been paid and defendant testified that he had paid the amount thereof. The fourth count is for “money, goods, wares and merchandise amounting to $256.55.” Plaintiff testified that he furnished the same to defendant and defendant testified to the contrary. The sixth and seventh counts are for sums alleged to be due upon defendant’s promissory notes. Plaintiff testified that he loaned defendant the amounts represented by the notes and that the defendant executed such notes. Plaintiff’s testimony in this respect was corroborated by other witnesses. The defendant denied that he received such sums of money or executed the notes. The eighth count is for a small sum alleged to have been paid for defendant at his request. Plaintiff testified that he made such payment and defendant stated nothing to the contrary. The implied findings of the trial court on the foregoing conflicting evidence are clearly conclusive.