Messner

Defendant M. W. Mason appeals from a judgment rendered against him.

Prior to December 1, 1928, appellant was a member of a partnership known as Mason’s Dairy, the other member of which was appellant’s brother, C. H. Mason. On the aforesaid date the partnership was indebted to the Spreckels Commercial Company, a corporation, of which respondent is the trustee in bankruptcy, in the sum of $3,146.27 for supplies theretofore furnished to said partnership. On or about December 5, 1928, C. H. Mason went to the credit manager of the corporation and stated to him that he had purchased the interest of appellant in the said partnership and that he would thereafter conduct the business of the said partnership alone and that he desired to make a settlement of the prior indebtedness of the partnership to the corporation. He then proposed that on the following day he would draw a check in the sum of $1500 in favor of the corporation and would execute a promissory note to the corporation for the balance of the account. On December 6, 1928, C. H. Mason drew his check in favor of the corporation for the sum of $1500 and on the same day executed a promissory note to the corporation for the sum of…