Klatt

From a judgment against Mm the defendant has appealed. The action was brought to recover balances due on six promissory notes. Each document was an accommodation promissory note executed for the benefit of Sonoma Properties Company, a corporation, which became financially involved. The notes were given to American National Company and by certain transfers at the time ilie action was commenced they were held by the plaintiff. To the plaintiff’s complaint the defendant interposed an answer in which he set forth certain denials and certain affirmative defenses. Among the latter he pleaded a defense charging fraud; another alleged that the plaintiff was the corporate double of A. 0. Stewart, one of the joint makers; and in another defense the defendant alleged that the notes had been paid. On the trial all defenses were pressed, but the trial court found against the defendant and in favor of the plaintiff. On Ms appeal the defendant stands on the defense of payment. He makes two points. He asserts that an assignment of a note to a comaker or co-indorser, who has paid the amount due thereon, extinguishes the note. He also asserts that the only legitimate inference from the testimony is…