Schumacher

Plaintiff, as assignee of her husband, F. 0. Nelson, sued defendant on a promissory note executed by him. From a judgment in favor of plaintiff, defendant has appealed.

Appellant urges: (1) that there was no delivery of the note; (2) that no definite finding was made by the trial court on appellant’s affirmative defense; and (3) that the findings are not supported by the evidence.

The note was dated February 9, 1924, and was payable thirty days after date. Plaintiff testified that her husband assigned the instrument to her on March 9, 1924, and that the principal was her money, invested for her by her husband. F. 0. Nelson testified that he placed some securities belonging to his wife in an unlocked tin box belonging to himself, which he kept in the vault of a bank of which defendant was president; that while he, Nelson, was on a trip to Montana the bank collected the sum of approximately $1,000 on one of the securities, and that defendant told him later that he, defendant, “had used the money that came into the bank on a collection and had placed the note in my cash box in lieu of it”. The evidence of the defense is the same as that of plaintiff, so far as the collection, use…