Harris

Appeal by defendant executrix from a judgment entered in favor of the plaintiff.

J. E. Marsh was a guarantor on a promissory note executed by the Mount Washington Company in favor of the Title Insurance and Trust Company. The note was payable one day after date and was executed on April 15, 1916. On the first day of April, 1917, Marsh died and on the thirtieth day of July of the same year Florence A. Andrews was appointed executrix under the will. She qualified on August 2, 1917, and caused notice to creditors to be pub lished. The date of the first publication, of said notice was June 19, 1919. There being owing on account of the promissory note mentioned the sum of $7,727.98, the Title Insurance and Trust Company on the fifteenth day of January, 1920, assigned to D. A. Anderson, one of its employees, its claim against Marsh’s estate, and on the twentieth day of January, 1920, Anderson presented to the executrix a claim in due form showing all of the facts required to be set forth under the provisions of sections 1494 and 1497 of the Code of Civil Procedure. The claim was rejected by the executrix on the day of its presentation, whereupon Anderson reassigned the claim to the…