Meyer

The defendants, Hegler and Johnson, constitute the firm of Hegler, Johnson & Co., and this is an action upon a promissory note made by Johnson to the firm, and by him indorsed in the firm name, with waiver of protest, etc. The cause was tried in the superior court without a jury, where it was found, among other things, that the note was indorsed by the firm of Hegler, Johnson & Co., and that the consideration for it was the sum of ten thousand dollars theretofore loaned by the plaintiff to the firm. The defendant Hegler, appealing from the judgment and from an order denying his motion for a new trial, attacks these findings as unsupported by the evidence, and this presents the only question we are called upon to consider. For, under the facts here disclosed, there can be no serious contention that either Hegler or the firm would be bound by a note executed in this form by Johnson alone in discharge of his individual obligation or for money borrowed for his individual purposes.

The note in suit was executed by Johnson in August, 1893, in renewal of a note for the same amount ($10,000) which was executed in May, 1892, and the real and only question to be determined is whether the…

I dissent.There was evidence to justify the court in finding that the consideration for the note sued upon was the sum of ten thousand dollars theretofore loaned by the plaintiff to the firm of Hegler, Johnson & Co. The original note was signed by the defendant Johnson, and was indorsed to the plaintiff in the firm name by the defendant Hegler, and was taken by the plaintiff upon the representation that the money received thereon was to be used in payment of certain indebtedness of the firm. A check for its amount was drawn to the order of the firm, and deposited by it to its credit with the Pacific Bank, and on the same day the greater portion of the money was drawn out by. the firm and used in the payment of its promissory note. As the consideration of the note was used for the benefit of the firm, and as both partners joined in executing it in the form required to enable the firm to obtain this consideration, it became the obligation of the partnership. This evidence tended to sustain the above finding, and the superior court having determined that it was sufficient therefor, this court cannot review its weight for the purpose of overcoming the decision of that court.

The note…