Mabrey

Plaintiff had judgment against the appellants upon a promissory note executed by the appellants and indorsed to the plaintiff by R. J. Heeney, which note is in the words and figures following, to wit:

From this judgment the defendants Mabrey and Flanagan appeal.

The answer of the appellants consists, first, of denials upon information and belief, and then, as a further answer, alleges as follows: “That heretofore, under and by agreement entered into between said defendants and said defendant B. J. Heeney, said Heeney agreed to surrender said promissory note sued upon in this action and cancel the same.” There is no allegation in the answer of any defect or illegality in the note, or that the plaintiffs had any knowledge of the agreement just mentioned. The record shows that during the month of July, 1927, the defendant B. J. Heeney purchased an automobile from the plaintiff for the sum of $1,940.50, and as the principal consideration for the purchase thereof indorsed and delivered to the plaintiff the promissory note herein set forth. The date of the note and its indorsement to the plaintiff show that it was indorsed and delivered to the plaintiff a number of months prior to its…