Bray

A demurrer to the complaint upon the ground that this action was barred by the provisions of section 339, subdivision 1 thereof, of the Code of Civil Procedure, was sustained, without leave to amend, and thereafter judgment entered in favor of respondent. From said judgment this appeal is taken.

On the thirtieth day of January, 1899, the respondent, Cohn, executed and delivered to the Bank of British Columbia, at the city of San Francisco, his promissory note for the sum of $3,000, with interest at the rate of seven per cent per annum, said note being payable one day after date. At the request of Cohn and for the purpose of enabling him to secure said money, and “as part of the same transaction,’’’one Moses Samuel, in writing, promised and agreed with said Bank of British Columbia, “that if said defendant did not pay said promissory note, he (said Samuel) would pay the same.” On or about the thirtieth day of January, 1899, Cohn departed from the state of California, and did not return until about the twenty-third "day of July, 1901, and defendant, during the period between the said thirtieth day of January, 1899, and the said twenty-third day of July, 1901, was absent from the…