Dean

Respondent in this action executed his negotiable promissory note for the sum of $530.31, payable to the order of one D. J. Gregor ten days after its date, which said note was indorsed by one P. T. Brunsing, and was thereafter and before maturity indorsed and transferred by the payee thereof to one John F. Smith, who paid to said Gregor the. sum of five hundred dollars. The real transaction- between the original parties to the note was this: It was agreed between Game, Gregor, and Brunsing that Game was to execute and Brunsing indorse said note to Gregor, who was to negotiate the same with Smith, who was to pay Gregor the sum of five hundred dollars therefor, which sum was to be divided among the original parties to the transaction. Smith had no knowledge of said dealings between the parties thereto, and took and held said note until after its maturity as a holder in good faith for value and without notice of any equities between the original parties thereto. After maturity, Smith transferred said note to the plaintiff and appellant herein for collection. Upon the trial of the cause the respondent Game, as a defense to said action, pleaded the original transaction between the…