Stansbury

As assignee the plaintiff sued to recover on two promissory notes. The defendant answered and filed a cross-complaint and in that manner brought into the action John Balch, the assignor. The cross-complaint was answered and the trial was had before the court sitting without a jury. The court made findings in favor of the plaintiff and caused a judgment to be entered for a sum amounting to about one-half of the face of the notes. The plaintiff appealed from the judgment and it was reversed and the cause was remanded for the sole purpose of stating the account between Mr. Balch and Mr. Stansbury, who had been partners, making a new finding on that issue, and ordering judgment. (First Nat. Bank v. Stansbury, 62 Cal. App. 336 [ 217 Pac. 91 ].) That decision was filed May 29, 1923. After the remittitur went down the action was again called for trial. The defendant filed amendments to its cross-complaint and answer. The plaintiff asserts that the defendant did not give notice that he would apply for permission to amend and that the amended pleadings were improperly filed. There is no merit in the contention because the same contention was raised in the trial court and the trial court…