Jones

The plaintiff sued on a promissory note. The trial court made findings in favor of the plaintiff and from the judgment entered thereon Frank Wishon, one of the defendants, has appealed.

On September 26, 1926, the American Bank and the Mercantile Trust Company merged and became the Mercantile Trust Company of California. On December 27, 1926, a decree of court was duly rendered changing its name to American Trust Company. On July 8, 1929, the defendant executed and delivered to that company a note which, among other things, provided as follows:

The contract was written by using one of the forms theretofore in use by the Mercantile Trust Company of California. In that document no specific note or notes are mentioned. On May 7, 1931, Jones and Rowntree executed and delivered to the plaintiff a note which, among other things, provides as follows:

Invoking the rule of strict construction applicable to contracts of this class, the defendant asserts the contract sued on runs in favor of the Mercantile Trust Company of California, and that this plaintiff may not sue on it. He cites and relies on Mechanics American Nat. Bank v. Rowell, (Mo. Supp.) [ 182 S. W. 989 ], and Crane Co. v.…