24th, there is no evidence

http://www.ralphlaurensoutlet-online.com or indication of any money having been advanced to the corporation after the 4th day of April or subsequent to the time August 12, 1908 at which the concern was delivered over to the possession of its creditors and given into the management of the creditors' committee. 2 That on the 24th Cheap Ralph Lauren day of December, 1908, when the note for $3,900 was given, the company is credited with a payment of $1,907.06, which circumstance strongly corroborates, if, indeed, it does not absolutely confirm, the testimony of Cole that the last-mentioned note was givjnstment or settlement of the accounts. It may here be explained that, while the complaint alleges that said note was executed on the 22d day of December, the note itself and the evidence show that it was, in fact, executed on the 24th day of that month.Testifying, Cole said: The dining room company did not borrow any money after Goodbody, Jr., became president, only for paying and reducing tJiese other notes.Looking at my transcript of the ledger account of the notes, I state that on the morning of April 4, 1908, there was due from the dining room company to my bank $5,400. At the conclusion of business on the 4th, we loaned them $5,000. They then owed us $10,400. We loaned them $5,000 new money on the 4th of April, before which time they owed us $5,400, making it they owed us $10,400 on April 4th. I have already testified Cheap Ralph Lauren Polo that on the 12th of August they owed us $8,900. After explaining the transaction whereby the bank advanced to the company the additional $5,000 on the 4th day of April, 1908, Cole was asked: Recalling all these facts, you knew on December 24, 1908, did you not, that the Puritan Dining Room Company could not pay more than a few dollars to its creditors? Ans.: We did not loan them any more money.That is what I tried to state this morning. Q.You being the chairman of the committee of creditors; you had something to do with the making of the loan referring to the note for $3,900 of December 24, 1908? Ans.: It was not new money.It wasn't new money. No, sir. You bet it wasn't. It was money they owed us. It was in the way of adjusting their old notes.There is no question about that. This testimony stands in the record uncontradicted, and, while there is no specific finding with respect to the proposition to which it is addressed, the finding that the mortgage was given as security for both the pleaded notes necessarily implies that the trial court accepted the testimony of Cole as involving the truth of the $3,900 transaction, and that finding, supported as it is by evidence credible upon its face, is binding upon this courtWe are now brought to the consideration of the remaining points.3. The conclusion at which we have arrived respecting the scope and effect of the language of the defeasance answers the contention that there was no Ralph Lauren agreement made as to future advances at the time of the execution of the mortgage, and this proposition may therefore be dismissed without further consideration.8, 9 4. It is declared that, according to the court's findings, the $5,000 note of April 4, 1908, was fully paid before the alleged assignment of the notes described in the complaint to the plaintiff, and hence the assignment as to said note is void or of no effect. But the court does not find, as appellantsby the company were alone applied upon the $5,000 note. The finding in that regard is that between the said Ralph Lauren Outlet 31st day of January, 1908, and the 24th day of December, 1908, the saidcompany paid to the saidbank various sums of money on account of the said sum of $5,000 and said other and additional sums so borroiced at aforesaid,etc. Cole testified that the payments so made were not made upon any particular loan, but on the balance remaining due on the whole of the running account. This account against the company consisted, as before shown, of numerous loans of which those evidenced by the two notes mentioned in the complaint constituted the balance; all the loans having been seen,