Sanguinetti

This is an action against the administratrix to recover the amount claimed to be due upon the following instruments set out in a claim presented to the administratrix and rejected, to wit:

These two instruments were made into a claim, presented to the administratrix in due time, and the .claim was rejected. The two instruments amounted to $452.80 and the interest claimed thereon, $636.84, making a total claim of $1,089.64. The answer alleges payment. The court found nothing due, and judgment was rendered for defendant.

The appeal is from the judgment. The said Louis Banehe died intestate on February 14, 1902, at Dawson City, Yukon Territory, and Antonia Pelligrini was duly appointed administratrix by the superior court of San Joaquin county, California, qualified, gave notice to creditors, and plaintiff presented his said claim and the same was rejected as aforesaid. The plaintiff was a witness, and testified that when Banehe died he owed him the $300 represented in exhibit 1 and the $152.80 represented in exhibit 2. After Banehe’s death plaintiff made out a typewritten statement that Banehe owed him $700 and sent it to Cooper Bros., at Dawson, and upon inquiry from the Cooper…