Seely

Mrs. C. A. Meyer, one of the defendants in this action, was an accommodation indorser of a negotiable promissory note executed to the plaintiff by the defendant Stoltz’s, Inc. Defendant Meyer alone appeals from the judgment entered in favor of the plaintiff, and from an order denying a new trial.

The plaintiff’s original complaint, in so far as it purported to state a cause of action against the defendant Meyer as an indorser, proceeded upon the theory that she had been given the notice of dishonor required by section 3116 of the Civil Code, and that such notice had been given in the manner and within the time required by sections 3147 and 3148 of the same code. During the progress of the trial, however, it do veloped that the plaintiff had not strictly complied with the statutory requirements concerning the giving of notice of dishonor, and thereupon, in response to defendant’s motion for nonsuit, the plaintiff sought and was granted permission to amend his complaint to conform to the proof by alleging that his failure to give the required notice was attributable to the fact that, after due and diligent search, he was unable to ascertain the residence, place of business, or…