Fisher

This action was brought to recover upon a draft drawn in favor of W. C. Kennedy, accepted by defendant, and duly indorsed to plaintiff. The draft with its indorsements is as follows:

• “W. C. KENNEDY.”

Judgment was prayed for the balance of $1,438.12 remaining due upon the draft after deducting the payments that had been made thereon. The case was tried before the court, and findings filed, upon which judgment was ordered entered in favor of plaintiff. Defendant made a motion for a new trial, which was denied. This appeal is from the judgment and the order denying a new trial.

It is claimed that the court erred in denying defendant’s motion for a nonsuit, and further, that the evidence does not support the finding of the court in regard to the delivery of the prunes, which finding is as follows: “That all the Fisher prunes referred to in said draft or contract, and mentioned in receipts 3 and 6 therein referred to, were in pursuance of agreement with H. C. Newby duly delivered to H. C. Newby at Coyote station, and were cured and dried by him, and were then by him duly shipped to and received by said George Frank; and that the whole of said prunes were so received by him on and…