Meade

This appeal is one taken from a judgment entered in favor of the defendant. It is presented on the judgment-roll and a brief bill of exceptions. The action was upon a promissory note executed by a corporation of which the defendant was treasurer, the payment of which note was guaranteed -in writing by the defendant. Recovery was sought against the defendant by reason of his contract of guaranty. In the complaint it was alleged that subsequent to the maturity of the promissory note referred to a note and draft were received by plaintiff’s assignor, the payee of the first note, which last note and the draft, it is alleged in the complaint, “were forwarded to plaintiff’s assignor to satisfy and liquidate the note sued upon herein. ’ ’ A further allegation followed showing that attempts had been made to collect the second note and draft, which attempts were unsuccessful ; and it was alleged that the second note and draft were valueless and that the corporation maker was insolvent. The answer admitted all of the facts alleged, except it contained a denial of nonpayment of the note sued upon, and alleged affirmatively that the same had been wholly paid and satisfied. The court made its…