Winbigler

Plaintiff appeals from a judgment rendered in favor of defendant.

D. Willard Beam, a resident of New York, and C. E. Shattuck, a resident of California, were joint indorsers of certain notes issued by a New York corporation designated the Hemlock Lake Canning Company. Both parties died, leaving these notes unpaid. Proceedings were had in the courts of the state of New York, wherein Otis A. Beam was appointed and qualified as executor of the last will and testament of D. Willard Beam, deceased. As alleged in the complaint, which allegation, for the purposes of this decision, we will assume to be true, a claim based upon the indorsement of the notes by D. Willard Beam, deceased, was presented to his executor, who, after approval and allowance, paid the same out of the assets of the estate, as alleged in the complaint, and which we likewise assume to be true.

Beam’s co-indorser, C. E. Shattucb, died at his place of residence in California, and letters testamentary were duly issued to George B. Shattucb, who qualified as executor of his estate. Thereafter Otis A. Beam, in his capacity as executor of the estate of D. Willard Beam, deceased, and under and by virtue of his appointment…