Stevens

The complaint in this action counts upon two causes of action, viz.: 1. Upon a promissory note for the sum of $2,902.55, payable one hundred days after the date of it§ execution, October 5, 1908, together with interest at the rate of eight per cent per annum, said note, so it is alleged, having been made and delivered by the defendant to E. M. Stevens & Son, a copartnership; 2. Upon an account stated on the fifth day of October, 1908, by and between said copartnership, E. M. Stevens & Son, and the defendant Selma Fruit Company, Inc., “for a balance due for moneys received by said defendant for said E. M. Stevens & Son, on account of raisins sold by and through said defendant, less charges for brokerage, discount and packing charges, upon the statement of which said account it appeared that the said defendant was indebted to the said E. M. Stevens & Son in the sum of $2,902.55.” The transactions culminating in the execution and delivery of the promissory note and the rendering of the stated account are alleged to have taken place at the same time, and that both the note and the stated account involve the same indebtedness.

It appears from the complaint that, antecedently to the…