McColgan

Defendant has appealed from a judgment against him in an action upon a promissory note made and delivered by himself and brother, Daniel A. McColgan, to Reginald and Eustace Bell. After the commencement of the action, Eustace Bell died and the executors of his last will and testament were substituted in his place and stead as plaintiffs in the action.

The -complaint was the usual one upon a promissory note. The amount of the note was $8,415.15. Defendant filed an answer and cross-complaint in which he stated that at the time of the execution of the promissory note, it was agreed By and between plaintiffs and defendant and Daniel A. McColgan that defendant and said Daniel A. McColgan should execute to plaintiffs a promissory note for the amount then owing from defendant and said Daniel A. McColgan to. plaintiffs and the amount of said indebtedness was, by the mistake of plaintiffs and defendant and said Daniel A. McColgan, then and there calculated to be the sum of $8,415.15, and said last-named sum was inserted in said promissory note by reason of said mistake, in place and stead of the true and correct amount of said indebtedness ; that in said calculation there was omitted by…