Kellum

J.—This is an action to recover on a promissory note. From a judgment in favor of the defendants the plaintiff has appealed.

The makers of the note claim that D. H. Ward was the agent of the plaintiff and that they paid the note, both principal and interest, to D. H. Ward. The plaintiff contends that D. H. Ward was not his agent. The trial court made findings on the subject of agency against the plaintiff. Although he divides his brief into several subheadings, the one point made on this appeal is that the findings on agency are not sustained by the evidence. Before proceeding further it will clarify this decision to state that the plaintiff concedes that D. IT. Ward was his agent to collect the interest but that he had no authority to collect the principal. On the other hand the defendants contend that D. IT. Ward was the ostensible agent of the plaintiff to collect both principal and interest. In this behalf the defendants call to our attention the following facts. For many years prior to June 4, 1925, D. IT. Ward maintained an office at 333 Kearny Street, San Francisco, and was transacting business under the fictitious name of Hub Investment Company. The business so conducted…