PROMISSORY NOTE; PLEADING AND PRACTICE. From the Court of First Instance of Manila. The plaintiff sued upon certain promissory notes; the defendant alleged payment. Plaintiff1, without amending his complaint, introduced evidence to show that part of the money paid was for services rendered and was not applied upon the notes. The failure to amend was held to constitute a denial of the defendant's allegation as to the application of the payments and that the evidence was properly admitted. Judgment for plaintiff affirmed.

Per Willard, J.

For appellant: Kincaid & Hurd.
For appellee: Hartigan, Rohde & Gutierrez.