Bailey

The action is for the balance due on a promissory note and to foreclose a chattel mortgage given to secure the payment of the same.

The note and mortgage were executed by the defendant on March 21, 1911, to one J. E. Bailey for the sum of two thousand five hundred dollars, with interest at one per cent a month. J. B. Bailey died, and all his property was regularly distributed to one William Bailey, who assigned the note and mortgage in controversy to plaintiff, who is the nephew of said decedent. The complaint alleges that no part of said note was paid except the sum of one thousand dollars, which was paid thereon on November 13, 1911, and that one thousand five hundred dollars and interest was still due. The answer sets up that in addition to said payment, in the month of October, 1911, the sum of $1,072.40 was paid on said note by the Western Water Company to John B. Bailey for and on behalf of the defendant, and that on or about the seventeenth day of November, 1911, the sum of $585 was paid to the said John E. Bailey by the Kern County Land Company for and on behalf of the defendant, and that on said last-mentioned date the sum of thirty-five dollars was due, and that the…