Giddings

—This appeal is from the judgment, and was taken within sixty days after its rendition.

The action is upon a non-negotiable promissory note, made by the defendants first sued, and payable to plaintiff. Since suit was commenced, one of the original defendants, E. Giddings, has died, and the defendant, L. M. Giddings, his executrix, has been substituted.

Several separate defenses are pleaded, or attempted to be pleaded, in the answer. They all deny the allegations of the complaint.

In the second they admit making the note, but deny that it was ever delivered to plaintiff, and aver that they believed, at the time of its execution, that a corporation known as Stockton Combined Harvester and Agricultural Works was the payee named therein, and that neither they or either of them received any consideration therefor, except a promise made by that corporation, which has not been kept or performed.

By the third defense they aver that plaintiff is a corporation, and that at the time of the execution of the note one L. U. Shippee was its president and one of its managing agents, and was also at the same time president and one of the managing agents of the corporation known as the Stockton…