Grossman

Plaintiff sued as assignee upon two promissory notes executed hy defendants Ballmann and Struthers with the Struthers Manufacturing Company, a corporation, as payee. Defendant Ballmann filed a counterclaim for $1,000, money advanced to the corporation. The cause was tried without a jury and resulted in a judgment for defendants. The plaintiff appeals on typewritten transcripts.

The two notes amounted to $1310, upon which a balance of $900 was unpaid. They were transferred to John Brett, who was a director and vice-president of the defendant corporation. The assignment was made without corporate authority and without consideration. Brett assigned them to plaintiff for collection with full knowledge of these infirmities and of the outstanding counterclaim of Ballmann. The findings of the trial court demanded a judgment for defendants, hence the only real issue on this appeal is whether the evidence supports the findings made. As to this there is no substantial conflict. An apparent conflict is created by the construction which the appellant places upon some of the testimony, but our review of the evidence satisfies us that it is more than sufficient to support the findings and we…