Chamberlain

This, is an action upon a promissory note, dated July 29th, 1875, for $850, and interest at one per cent, per month. The note is signed, “D. P. Sackett, President Pacific Wool-Growing Company,” and is, in terms, made payable to the order of plaintiff. The complaint alleges that the note was executed for money loaned by plaintiff to defendant through its then president, D. P. Sackett; that the money was used by Sackett for the use and benefit of defendant; and that, after the loan and use of the money, defendant assumed the loan, and ratified and confirmed the action of the president in making the loan and giving the note. Another count is added for $850 lent and advanced to defendant. The jury rendered a verdict for plaintiff for $850, and interest at one per cent, per month, total $1,046.40. *105 Defendant moved for a new trial, which was denied, and defendant appealed.

From the bill of exceptions contained in the transcript, it appears : From January 1st, 1875, to October 14th, 1875, Sackett was the president of defendant, and during that time, and until commencing this suit, he was the agent of plaintiff, who has been, ever since January, 1875, traveling in Europe. Sackett, as…