Hartman

This is an action by the plaintiff against the defendant on a promissory note for the sum of three thousand dollars.

The court awarded judgment to the defendant, and thereafter granted the plaintiff’s motion for a new trial.

This appeal is by the defendant from the order granting a new trial.

It appears from the testimony that the plaintiff was a creditor of the Sehroeder-Hartman Company, of which corporation, Hartman is a member. It likewise appears that the defendant and John D. Schroeder, also a member of the Sehroeder-Hartman Company, made and delivered the note involved here jointly and severally as a personal obligation— that is to say, that said note constituted their individual obligation and not that of the corporation bearing their names and of which they were members. The note, which was dated July 25, 1906, and made payable “one day after date,” was, as shown, for the sum of three thousand dollars, and the defendant had paid thereon the sum of one thousand dollars.

On the nineteenth day of March, 1910, a payment of two thousand dollars was made to the plaintiff by John D. Schroeder.

The plaintiff claims that the understanding was that the sum so paid was to be…