Harris

The plaintiffs had judgment against the defendants in the court below, from which judgment the defendants appeal upon the judgment-roll alone.

The record shows that on or about July 1, 1926, the appellants and respondents executed and delivered their promissory note for $900 to the Bank of America, at its office in Grass Valley, California. On or about the seventeenth day of January, 1930, the respondents herein paid to said bank the sum of $939.69, being the balance of principal and -interest then due and unpaid on said note. The bank, upon ■receiving payment, indorsed upon the note the words “without recourse”, and delivered the note thus indorsed to the respondents. Thereafter, the respondents brought this action, and judgment was entered in their favor as above stated.

The contention of the appellants is that this action, based upon the promissory note referred to, cannot be maintained. By reason of the contention advanced upon this appeal and our views hereinafter expressed, it is necessary to set out the complaint in full, which is in the words and figures following, to wit:

The findings and conclusions of the court include twenty-two paragraphs, but may be summarized aS…