Heron

This is an action to recover on three promis sory notes executed by defendant. The answer alleged that the third note was given in full payment and discharge of the first note, and that the second and third notes had been fully paid, and set up as an affirmative defense the fact of payment by defendant of the sum of $2,200 to one Kellogg, the original payee of the notes, which (defendant alleged) was accepted by plaintiff in full settlement, satisfaction and discharge of the causes of action sued upon.

Upon trial of the cause, the court found against the defendant upon all issues, except that the court gave to defendant credit for said sum of $2,200 as a payment on account. The original findings referring to this payment are:

On July 31, 1929, after the filing of said findings, judgment was entered, and on August 26, 1929, after due notice given, defendant’s motion for a new trial was heard and submitted. On September 24, 1929, an order was made and entered, ordering, adjudging and decreeing that paragraph V of the findings be amended to read as follows:

Said order also decreed that paragraph VI of the findings be amended to read as follows:

On September 20, 1929, defendant…