Firpo

Appellant, as the assignee of Lockwood-Shackelford Company, a corporation, brought suit to recover the value of advertising services alleged to have been rendered defendants at their special instance and request and for which it is alleged defendants promised and agreed to pay the sum of $3,311.93. The defendants' Green Manufacturing Company, a copartnership, F. J. Piper, Charles E. Smock, copartners, and Dale H. Poole, guarantor, defaulted and judgment was entered against them. The respondent, J. W. Woodruff, one of the original copartners in .Green Manufacturing Company, appeared and contested the action. In addition to filing a general denial he pleaded two separate and special defenses, namely, that the indebtedness sued upon was incurred by defendants Piper, Smock and Poole as individuals and as directors or officers of Redusoll, Inc., the corporate successor to the assets and business of Green Manufacturing Company; and that it had already been judicially determined in the United States District Court, in the matter of Green Manufacturing Company, a bankrupt, that respondent was not liable for the amount sued for herein.

At the conclusion of the trial the court found that…