Minifie

Demurrers to the complaint in the present action were sustained without leave to amend and a judgment was rendered in favor of defendants, from which plaintiffs appeal.

In the complaint, which is under attack, it is alleged that on July 8, 1907, defendant Forrest S. Rowley whs indebted to the partnership of Jones & Givens in the sum of ten thousand dollars, the indebtedness being evidenced by two promissory notes of said defendant for the sum of five thousand dollars each, dated July 8, 1907. On January 3, 1910, Forrest S. Rowley, “for the purpose of renewing said notes of July 8, 1907, and for the purpose of continuing in existence the evidence of said indebtedness, ’ ’ delivered to said Jones & Givens a certain promissory note, executed by the Rowley Investment Company, for ten thousand dollars, due one day after date and bearing interest at the rate of four per cent per annum from date until paid. For several years the Rowley Investment Company paid the interest on the note, making its last payment on January 6, 1914, by a check accompanied by a letter reading:

In 1913, Charles S. Givens, one of the members of the partnership which held the ten thousand dollar note, died and…