Lopez

Plaintiffs, John and Emanuela Lopez, as holders of a promissory note, brought this action against defendants, Milo and Nora Puzina, as alleged endorsers of this note. From the judgment of nonsuit entered against them plaintiffs appeal. The sole issue presented is whether defendants are endorsers of the subject note so as to give plaintiffs a right to recover against them upon the refusal of the makers to pay.

The subject note dated July 15, 1958 in the principal sum of $4,298.26, payable to the order of Anthony Joseph Caruso and Marie Doris Caruso, his wife, was executed by Robert W. Leseo and Willa Mae Leseo, his wife, and delivered to said payees. The note recited that it was secured by a deed of trust. The Carusos subsequently assigned the note to the Puzinas without recourse by an assignment affixed to the note. Thereafter, on July 23, 1958, the Puzinas delivered the note to plaintiffs as part payment for a parcel of real property sold by plaintiffs to the Puzinas. No endorsement or assignment was endorsed upon or physically affixed to the note. At the time the note was delivered to plaintiffs the Puzinas executed an “Assignment of Deed of Trust,” which recited that the…