McGuire v. Bidwell

Stayton, Associate Justice.

This action was brought March 27, 1883, to recover a balance alleged to be due on an account between *44appellants and appellee, which was also alleged to be a mutual and current account between merchant and merchant.

The last item of the account bears date October 21, 1879.

The second item consists of $1,000 advanced by appellants to appellee, and it appears that for this item, on the day it was advanced, appellee executed to appellants his negotiable promissory note payable four months after its date, which was December 20,1877.

This note, which has never been paid,…