Goldman

The plaintiff commenced an action against the defendant corporation and one of its stockholders to obtain a judgment for money. In a common count he alleged that there was five hundred dollars due him which had not been repaid. The corporation and the stockholder answered the complaint. Later the action was dismissed as to the stockholder and a trial was had in the trial court of the issues presented by the plaintiff’s complaint and the answer thereto by the defendant corporation. The trial court made findings of fact in favor of the plaintiff and ordered a judgment entered in accordance therewith. The defendant has appealed from the judgment .and has brought up a bill of exceptions.

The first point made by the appellant is that the evidence is insufficient to sustain the findings. During a part of the time Mr. A. D. Bowen was president of the defendant corporation. On August 20, 1921, the plaintiff drew his check in favor of A. D. Bowen in the sum of two hundred dollars; on August 21, 1921, he drew a similar check in the sum of fifty dollars; and on October 6, 1921, he drew a similar check in the sum of three hundred dollars. All of those checks were produced at the trial by the…