Francis

Appeal by the defendant from the judgment and from an order denying its motion for a new trial.

The action is upon a promissory note made by the defendant to a corporation; the complaint alleging that before the commencement of the action the note was assigned by the payee to the plaintiff. The answer to the complaint did not deny that the note was unpaid. After all of the plaintiff’s evidence had been introduced, the defendant for the first time applied for permission to allege payment. This request was denied. It is now claimed that the court’s refusal to allow the proposed amendment was an abuse of discretion by reason whereof the defendant is entitled to a new trial. No facts were shown excusing the defendant’s failure to put an allegation of payment into its original answer. The application for leave to amend was not accompanied by affidavits, nor by any other matter of record from which one can infer a reasonable probability that the defense could have been sustained. Therefore we will presume that the court properly exercised its discretion in that matter.

The only other ground of appeal urged on behalf of appellant is that the evidence is insufficient to support the…