Cook

The plaintiff in this action had judgment against the defendant for the recovery of the sum of $5,250 principal, together with interest thereon from the date of the entry of judgment on a promissory note dated September 22, 1923. From this judgment the defendant appeals.

At the conclusion of the trial the court made and filed its findings, which we summarize as follows:

That the board of directors of the defendant corporation, at the time of the execution of the forbearance instrument, passed a resolution authorizing the execution of the same, and also, in addition, ratifying the promissory note involved in this action; that by so ratifying the aforesaid promissory note, the same became a binding obligation of the corporation. That at the time of the execution of the note herein referred to, to wit, on the twenty-second day of September, 1923, the plaintiff advanced to the defendant the sum of $5,000,. and that the defendant company received the benefit of said money, and that the corporation is now estopped from, questioning the authority of the president and the treasurer to execute said note on behalf of the corporation; that defendant, through its directors and officers,…