Kubista

Defendant Colkins executed her four certain promissory notes to one Brunken, the payment of all of the paper having heen guaranteed by defendant Daniels. Brunken transferred the notes to plaintiff, two of them by indorsement in due course, two by delivery without indorsement, and plaintiff brought the present suit against both Daniels and Colkins on all four of the instruments. Defendant Colkins interposed defense as to all of the notes on the grounds that they had been obtained by the payee by means of fraud and deceit, that they had been given without consideration, and that if there was a consideration it had failed. The trial court found against defendant Col-kins on each of these issues and rendered judgment against both defendants on the two notes which had been trans ferred to plaintiff by indorsement. Judgment on the other notes, the title to which had been passed to plaintiff by delivery only, went against defendant Daniels alone. That defendant alone appeals.

The opening brief of appellant is short, fragmentary, and unsatisfactory, no closing brief having been filed by him. After conceding that judgment against both defendants was proper on the two notes which were…