Light

The action was brought to recover the sum of $3,000 and interest, alleged to be due upon a promissory note of decedent in favor of respondent executed April 15, 1902. All the allegations of the complaint are admitted except the one in reference to nonpayment, which is denied, and there is an affirmative allegation in the answer “that said promissory note was fully paid, satisfied and discharged by said intestate, Theodore A. Light, during his lifetime.” The only question, then, on this appeal is, as stated by appellant, based upon said averment of full payment.

The plaintiff offered in evidence the promissory note described in his complaint, there being no indorsement of any payment thereon, and then rested his case. This was a prima facie showing sufficient to support a finding that the note had not been paid.

Thereupon, C. A. Stevens, subject to the objection of plaintiff, testified as follows: “I know that subsequent to this loan of $3000.00 which Theodore A. Light secured from his brother, Theodore A. Light paid money to his brother Eugene S. Light. On July 10, 1902, Theodore A. Light paid to E. S. Light, or deposited in my bank, subject to his brother’s order, $1250.00.…