Mills

—The suit was brought by the plaintiff, as assignee of Gonsales, to recover the sum of $14,066.91 and interest, alleged to be due on a promissory note made to the latter by the defendant. . The answer denies the execution of the note, and also alleges a lack or failure of consideration to the extent of four thousand dollars. The judgment was in favor of the plaintiff for the balance due on the note after a rebate of something less than four thousand dollars allowed by the court. The appeal is from an order denying the defendant’s motion for a new trial. The ground of the motion was alleged insufficiency of the evidence to justify the finding that the note was duly executed, the specific objection being that one of the directors was not present at the meeting at which the note was authorized, nor notified of the meeting.

The finding on this point was, I think, justified by the evidence. The note, signed by the proper officers, and with the seal of the corporation attached, was itself prima facie evidence of the authority of the officers and of its due execution" by them. ( Underhill v. Santa Barbara etc. Co., 93 Cal. 314 ; Burnett v. Lyford, 93 Cal. 117 ; Wharf and Lumber Co. v.…