McColgan

This is an action to recover upon a judgment obtained by plaintiff McColgan (who has assigned an undivided half of said judgment to plaintiff Athearn), against C. Walter Willey, in the superior court of the city and county of San Francisco, on the fourteenth day of March, 1893, for the sum of $1,076.70. Willey died in January, 1898, and the defendants are the executor and executrix of his last will. The judgment was duly presented as a claim properly verified, and was rejected. The defendants answered, and in their answer, as a defense only, alleged in substance: That on October 11, 1892, Willey made his promissory note of even date, payable to his own order, for $1,000 with interest thereon at the rate of five per cent per month, from maturity, indorsed it, waiving demand and protest, and delivered it to one Welch for the purpose of having it negotiated, but it was not negotiated, and Welch retained possession of it until February, 1893. On the twenty-eighth day of October, 1&92, the said Willey, jointly with one Amasa P. Willey, each owning an undivided one-half thereof, executed and delivered to William Boerieke a deed of conveyance of certain real estate upon the trusts…