Bradley

The action is to recover judgment against defendant as indorser of two promissory notes • for $1,000 each, executed by the Sunset Vineyard Company, payable to defendant, dated January 25, 1892, and falling due on or before January 1, 1898. The notes not being paid at maturity, were duly protested and notice of nonpayment given defendant. Plaintiff’s intestate died December 19, 1894, and the notes came into plaintiff’s possession among other effects of deceased. Defendant refused payment and hence this suit.

The principal contention of plaintiff is that Finding II is not supported by the evidence. Paragraph “2” of the amended answer set forth the defense to the action as follows:

The cause was tried once before and judgment given for-plaintiff. On appeal the first district court of appeal reversed the judgment. (Bradley v. Bush, 1 Cal. App. 516 , [ 82 Pac. 560 ].) Guided by the principles enunciated by the-appellate court, the learned trial judge at the second trial, upon facts substantially the same as those appearing at the-first trial, entered judgment for defendant. The supreme court denied a rehearing in that court on the first appeal, thus affirming the principles of law…