Hassen

This is an appeal by cross-defendant Erwin E. Hassen from a judgment in favor of Belle Vista Investment Company, a corporation. In lieu of both a reporter’s and clerk’s transcript, the appellant presents his appeal wholly on a settled statement. (Cal. Rules of Court, rule 7(b).) He has designated two points to be raised by him on appeal. We have determined that it is necessary to consider only the question raised as to the legal effect of the fact that at the time of the rendition of the judgment the corporate powers, rights and privileges of the cross-complainant had been suspended because of failure to pay the franchise tax required of it as a domestic corporation. (See Rev. & Tax. Code, § 23301.

Pertinent portions of the settled statement are in substance as follows: On June 16, 1958, the City National Bank of Beverly Hills filed this action to recover from Jay Miles, Inc., a corporation, a balance of approximately $63,000 due to it upon a promissory note. Persons who had guaranteed payment of the note, including Erwin E. Hassen and Herman Kaye, were named as codefendants. Thereafter Kaye paid to the bank the unpaid balance and received an assignment of the note. On June 8,…