Gray

F. C. Suhr died intestate in the county of San Bernardino in May, 1887, and on June 18, 1887, Ada Suhr, his widow, was appointed administratrix of his estate.

On July 5, 1887, Ada Suhr, in her private capacity, borrowed ten thousand dollars from the defendant bank, to secure the payment of which she and John Ruffen gave to the bank their joint and several promissory note for that sum, payable July 20, 1887, with interest at one per cent per month. As between Mrs. Suhr and Ruffen he was merely a surety, and received no part of the money borrowed.

Before any payment was made on this note, to wit, October 1, 1887, Ada Suhr indorsed and delivered to the defendant the following instrument:

*62 This instrument was indorsed by Mrs. Suhr as administratrix, etc.

Before, and at the time of this transaction, and until December, 1890, Ada Suhr had a running private account, and also a distinct account as administratrix with the defendant bank.

On July 6, 1891, she commenced this action, alleging that, as administratrix, she indorsed the draft on the insurance company, and deposited it with the bank merely to be collected for the use of the estate of F. C. Suhr; that the bank had…