Silva

Action by plaintiff to recover the sum of one thousand dollars for and on account of a promissory note made, executed, and delivered by the defendants to the plaintiff herein. After admitting the execution and delivery of the note to plaintiff, as alleged in plaintiff’s complaint, the defendants set up certain special defenses. The court, upon motion of the plaintiff, struck out the special defenses set up in the answer of the defendants. Plaintiff had judgment and defendants appeal, seeking reversal of the judgment on account of the order of the trial court striking out the special defenses contained in their answer.

The plaintiff alleges that on or about the twentieth day of October, 1921, at Mariposa, county of Mariposa, state of California, the defendants made, executed, and delivered their promissory note to the plaintiff in words and figures following, to wit:

This is followed by the formal allegations as to the plaintiff still being the owner and holder of said note and also that no part thereof had been paid.

The defendants’ answer, admitting the execution and delivery of the note, denied that the plaintiff was the lawful owner or holder thereof and also denied that no…