Coleman

Defendants’ demurrers to plaintiff’s second amended and supplemental complaint were sustained, with leave to amend. Plaintiff declined to amend and thereafter judgment was entered in favor of defendants, from which judgment plaintiff has appealed.

The action was originally commenced against Robert L. Coleman and Frances E. Coleman, his wife. Subsequently Coleman died, and his wife, who was appointed executrix of his will, was, as such executrix, brought in as a party defendant.

The facts, as alleged in the second amended and supplemental complaint, are, in substance, as follows: On January 1, 1916, appellant executed and delivered his promissory note to one Max Mamlock for the sum of $11,000, payable in monthly installments of $200, without interest. Thereafter, on January 25, 1916, Coleman executed and delivered to appellant the following instrument:

Coleman paid the monthly installments of the Mamlock note as they fell due for eighteen months, paying in all the sum of $3,600, but thereafter failed to make payments. On September 13, 1917, Mamlock commenced suit against appellant and Coleman, to collect the balance due on the note, and both defendants were served with summons.…