Edwards

This is a companion case to Edwards v. Modoc County Bank, this day decided (Civ. No. 4949, ante, p. 550 [ 27 Pac. (2d) 797 ]). The two cases were tried together and submitted upon the same brief, with an exception to be hereinafter noted.

As was noted in the former action, there was a promissory note given by Meckfessel to the Modoc County Bank, which note was executed by Meckfessel for himself, and for and on behalf of the plaintiff Edwards, under a power of attorney vesting such authority in Meekfessel. It has been determined that this note was for a consideration moving to the partnership, for the debts of which each part-, ner was liable. The present action was to recover certain securities belonging to Edwards and held by the bank as collateral. The bank cross-complains, setting up a balance due on the note and asking judgment for the said balance, and a decree fastening such amount upon the securities so held, with an order for the sale of sufficient to discharge the debt. .

All of these issues are determined in the previous suit, and the parties agree that a decision in the former suit would conclude the questions presented in the instant appeal, save as hereinafter.

The…