
    [No. 6,107.]
    BYRNES v. CLAFFEY.
    Pnmnres.—The findings must dispose of all the material issues.
    Appeal from the Twelfth District Court, City and County of San Francisco.
    Action upon a promissory note, which is set' out in the complaint.
    The answer contained a general denial; a plea that the note was obtained by false and fraudulent representations as to the amount of certain indebtedness of the defendant to the plaintiff, for which it was given; a plea of payment; and a counterclaim for $865.90.
    The Court found that there was due to the plaintiff from the defendant, upon the promissory note set out in the complaint, the sum of $943.30.
    
      O’ Conner & Pardow, and Frank O’ Conner, for Appellant.
    
      George W. Fox, for Respondent.
   Department No. 1, by the Court (from the Bench):

The Court below failed to find upon material issues raised by the pleadings.

Judgment and order reversed, and cause remanded for a new trial.  