notes paid by the loan and retaining them, without complaint or objection for more than two years, and for more than one year after she admits knowledge that the note in suit was not among them, and never claiming to plaintiff until the trial of this action that the loan was not properly applied, was a ratification of the application made by plaintiff of the money received from that loan. Cardinele v. O’Dowd, 43 Cal. 586; McLean v. Hunsicker, 30 La Ann., Part 2, 1225; Penn. Coal Co. v. Blake, 85 N. Y. 226; Flarsheim v. Brestrup, 45 N. W. Rep. 438; Shaw v. Bank, 16 Ala. 708; Munger on App. of Payments, 63; Cox v. Wall, 118. E. Rep. 137. On the point that Hanson & Osgood were principal debtors and their obligation original and not collateral, counsel cite: Brown v. Curtis, 2 N. Y. 225; Pitts v. Congdon, 2 N. Y. 352; Cardell v. McNeil, 21 N. v. 336; Milks v. Rich, 80 N. Y. 269; Sheldon v. Butler, 24 Minn. 513; Johnson v. Gilbert, 4 Hill 178; Durham v. Manlow, 2 N. Y. 533; Nichols v. Allen 22 Minn. 283.
Benton and Amidon, for respondents:
The defendants had a right to allege payment of the note upon information and belief. Bennett v. Leeds Manufacturing Co., 110 N. Y. 150; Oumins v. Lawrence Co., 46 N. W. Rep. 182. The request of Charles A. Roberts that the note be paid out of the Erskine loan was a sufficient direction to satisfy the statute. Went v. Ross, 33 Cal. 650; Clark v. Scott, 45 Cal. 56. To constitute ratification the acts set up for that purpose must have been done with full knowledge of the material facts. Dean v. Bassett, 57 Cal. 640; Owings v. Hull, 9 Pet. 607, 629; Bennecke v. Insurance Co., 105 U. 8. 355; Seymour v. Wickoff, 10 N. Y. 213. On the question whether the defendants Hanson & Osgood are guarantors or principal debtors, with respect to the note in question: Leonard v. Vredenburg, 7 Johns. 29; Mallory v. Gillett, 21 N. Y. 412; White v. Rintoul, 108 N. Y. 222; Van Brunt v. Day, 81 N. Y. 251; Irons v. Bank, 36 Fed. Rep. 843; Humphreys v. Hayes, 94 N. Y. 594; Fuller v. Tomlinson, 12 N. W. Rep. 127; Smith v. Sheldon, 35 Mich. 4—.
