Helfrich

This is an appeal from an order denying defendant’s motion for a new trial.

The action is one upon two promissory notes, one for $1,000 and the other for $92, alleged to have been executed by defendant to G. P. Helfrich, husband of plaintiff, as her agent, and in consideration of money, alleged to be the separate property of plaintiff, loaned to defendant. It is also alleged that said G. P. Helfrich, after the execution of said notes, indorsed and. delivered them to plaintiff, and that no part of either has been paid, save $20 as interest.

Defendant in his answer denied that said notes were executed to said G. P. Helfrich, as agent of plaintiff; that the money loaned thereon was the separate property of plaintiff; that said G. P. Helfrich indorsed or delivered said notes to plaintiff, and alleged payment in full of said notes.

Defendant affirmatively alleged that defendant and G. P. Helfrieh were copartners, and that said notes were given in consideration of money originally borrowed by said G. P. Helfrieh for partnership purposes, and that said G. P. Helfrich has received full payment from said partnership funds of said notes.

Defendant further alleged that he had commenced…