Rauer

This is an action on a promissory note, dated September 1,1890, made by Robert Broder for two thousand eight hundred and eighty dollars, payable sixty days after date, without grace, with interest at six per cent per annum, to W. H. Sigourney, or order, “Due at the Bank of Visalia of Harrell & Son.”

*284 Robert Broder, the maker of the note, made default. Defendant W. H. Sigourney answered, and a trial was had before the court without the intervention of a jury, and judgment entered in favor of plaintiff and against said defendants, from which judgment and from an order denying his motion for a new trial defendant Sigourney appeals.

The first point made by the appellant is that there was no sufficient evidence of the execution of the note by Robert Broder, the alleged maker thereof, or of its indorsement by Sigourney or Charles H. Wood.

A copy of the note is set out in the complaint with the indorsements thereon, and it is specifically averred therein that it was made by Robert Broder, indorsed by Sigourney and Wood before maturity, and by the American Bank and Trust Company. None of these averments are denied in the answer, except the indorsement by the American Bank and Trust…