Nassano

It is alleged in the complaint that, on November 18, 1911, Louis Zanone had on deposit in defendant bank one thousand one hundred dollars, subject to his order; on said date, Zanone, for good and valuable consideration, made and delivered to plaintiff “his promissory note, obligation and order upon said defendant bank ... in words and figures as follows: ‘Stockton, Calif., November 18, 1911. Cashier of Tuolumne County Bank, Sonora, Cal. You are hereby authorized to pay out of the funds I now have in your bank and for valuable considerations, which I have received, five hundred dollars to Mrs. Maria Nassano, or her order, said sum to be paid upon the presentation of this order prior to my death, if countersigned by me across the back, or on due notification of my death without such counter signature. In witness whereof, I hereby set my name on the day and at the place first mentioned above, in the presence of two witnesses. (Signed) Louis Zanone. G. Villiborghi, witness. Luigi Pomponio, witness.’ ” (Acknowledged before a notary.); “that said order was not presented to said defendant bank for payment in the lifetime of the said Louis Zanone”; that, on or about February 10, 1912,…