McKey

This is an appeal by defendants from a judgment in favor of plaintiff upon a promissory note executed by E. D. and R. B. Macintosh, payment of which was guaranteed by defendant Buffet.

The court found that plaintiff was the legal owner and holder of the note, which by its terms was made payable to the Chicago Electric Motor Car Company. [1] Error is predicated Upon the fact that the court, in support of this finding, admitted in evidence a copy of a deed of assignment 1 whereby the Chicago Electric Motor Car Company duly transferred to plaintiff all its assets, including the note herein sued upon. The loss of the original deed, shown to have been duly executed by officers of the corporation and the seal affixed thereto pursuant to a resolution adopted by the hoard of directors, was fully established, and hence it was not error to admit the copy thereof. [2] Moreover, not only was the note indorsed by the payee named therein (Meyer v. Foster, 147 Cal. 166 , [ 81 Pac. 402 ]), but plaintiff’s possession of the note, though not indorsed, was sufficient as a prima facie showing of his ownership (Be rri v. Minturn, 1 Cal. Unrep. 50 ); hence defendants could not have been prejudiced by…