Walker

The action was upon a promissory note executed by defendants to one Walker. Walker sold and transferred the note to the Latón State Bank, this being done in 1905. In 1906 defendants, holding certain notes against J. J. Fenn and others, aggregating $1,600, transferred said notes to the bank, under an agreement that when collected the proceeds should be applied, so far as necessary, to the payment of the Walker note, and the balance to be paid to defendants. Subsequently—at what date cannot be determined from the bill of exceptions—an action was brought upon the Fenn notes and $667 collected thereon, which was paid to the bank, leaving a balance due on the Walker note. Walker, upon demand of the bank, as indorser, took up the Dixon note and brought this action to recover the balance unpaid. The answer alleged the payment and discharge of the note. The action was tried by the court, which found in favor of plaintiff and against defendants upon the issue presented. From an order denying a new trial defendants appeal.

The only evidence in the record having the semblance of supporting defendants’ answer is the statement of a witness that in 1906, when the Dixons transferred to the…