Davis

Action on a promissory note made by the defendant Larabee to A. Davis & Son, and indorsed by the decedent as guarantor. The plaintiff is a member of the firm of A. Davis & Son, and sues as assignee of the note. The defendant Larabee was not served with summons. The court found in favor of plaintiff on all the issues of fact, and, among other things, found the note to have been made and indorsed in the following form:

As conclusions of law the court found as follows:

Thereafter, on June 13, 1892, the clerk entered judgment on the findings as follows:

The defendant Lamb appeals from the judgment and from an order denying „his motion for a new trial.

Unquestionably, the judgment is erroneous in the following respects: First, it is against George W. Lamb personally, whereas it should have been against him as administrator of the estate of William H. Lamb, deceased, in which character he is sued; second, it is enforceable immediately, instead of being payable “in due course of administration,” as required by section 1504 of the Code of Civil Procedure; third, it is for a sum ($526.40) exceeding the amount of the principal and interest of the note at the time it was rendered by…