Aimo

The plaintiff had judgment against the defendant upon two checks executed and delivered to the plaintiff by James H. Mitchell, now deceased. From this judgment the defendant appeals.

The record shows that on or about the twenty-seventh day of January, 1930, James PI. Mitchell, signing his name as “J. H. Mitchell”, made, executed and delivered to the plaintiff two checks in the words and figures following, to wit:

The record further shows that James H. Mitchell died testate on or about the thirtieth day of January, 1930, and that the two checks herein referred to were not presented by the plaintiff to the Bank of Willows for payment, prior to the death of James H. Mitchell. After the appointment of the defendant as executrix of the estate of said deceased the checks referred to herein were presented to her for allowance and payment, and allowance and payment were refused. Within the time allowed thereafter, this action was begun.

The answer of the defendant denied the nonpayment of the respective checks, denied the allegations in respect thereto, and after setting forth the death of James H. Mitchell on the thirtieth day of January, 1930, and alleging the pendency of…