Corcoran

Appellant filed two actions in the court below to recover judgments on two checks. One was dated August 15, 1927, drawn by respondent, by O. C. Woodworth his agent, upon the Franklin Trust & Savings Company of Pittsburgh, Pennsylvania, a banking corporation, to E. Y. Foley, in the sum of $2,179.80. The other check was identical in form, except that it was dated August 16, 1927, and was drawn for the sum of $1,500. The two cases were tried together, and while there are two judgments from which appeals were taken, they are presented here upon a single record. As the facts, except as we have noted, are identical, we will consider the two cases together.

Appellant was a banking corporation with its principal place of business in the city of Fresno, California. Respond-, ent was a resident of Pittsburgh, Pennsylvania, where he was engaged in the wholesale fruit and produce business. E. Y. Foley was a resident of Fresno, California, where he was engaged in the business of buying grapes and other fruits and shipping them to the eastern market. During the summer and fall of 1927 Foley and respondent were engaged in the business of buying and shipping grapes to the eastern market upon a…