Landreth

This is an action based upon two negotiable promissory notes. The first cause of action alleges the execution of a promissory note on the twentieth day of October, 1929, by defendant to one William W. Ross in the sum of $1,065.84, payable six months after date. It is then alleged that subsequently thereto said promissory note was duly assigned and delivered to the plaintiff and that plaintiff is .now the owner and holder thereof and that the said note is due and unpaid. The second cause of action, which was filed as an amendment to the complaint by and with the consent of defendant after the case was at issue, counts upon another promissory note executed by appellant in the sum of $4,072, bearing the same date as that borne by the promissory note in the first cause of action, made payable to the same payee and due at the same time. It is then alleged that subsequently thereto on April 21, 1930, said promissory note was duly assigned to plaintiff and that plaintiff was the owner and holder thereof and that the same was due and remained unpaid.

In his answer the defendant admits the execution and delivery of the promissory notes sued on to Ross; denies that the notes have not been…