California Court of Appeal April 30, 1956, Civ. No. 8876 (Berg v. Springer)

VAN DYKE, P. J.

This is an appeal from a money judgment in an action on a promissory note. The complaint eon*205tains the usual allegations as to the execution of the note and then in paragraph II alleges: ‘1 That the defendant has not paid the same or any part thereof, except the sum of Four Thousand Dollars ($4,000.00) paid on the 15th day of June, 1954.