On some of these points, it will be seen, there is a conflict of authority, but the occasion for the conflict does not affect this case. Here, as in the authority cited by defendant, "there is an express agreement to pay" and the rule invoked by defendant is further explained there og applicable only "Where the promise or agreement to pay on which the action is based is not found in express terms or by fair implication in the writing, but the cause of action arises out of facts collateral to Such is not the case here, for each cause of action arises from facts recited in the instruments.
Text read from the printed page and cleaned; old type leaves the occasional error.