Molfino

This action was commenced in the Superior Court of San Mateo County, California, on a promissory note for $400, dated April 6, 1926. The note was dated “San Francisco”, and was made payable to the plaintiff at San Francisco, California, four months after its date. The action was commenced July 22, 1930.

An amended complaint was filed on October 15, 1930, which alleged that “at all the times herein mentioned the plaintiff was and now is a resident of the County of San Mateo, State of California”, and that during all of said times “the defendant was and now is a resident of the County of Contra Costa, State of California”. It was further alleged as follows: “That on the 6th day of April, 1926, the defendant, in the County of San Mateo, State of California, made and delivered to the plaintiff his promissory note in the words and figures” set forth in said amended complaint.

The defendant demurred as follows: “Now comes the defendant, and demurs to the amended complaint of plaintiff on file herein and, for grounds of demurrer, specifies and alleges:

The demurrer was overruled and defendant answered, admitting the residence of the plaintiff and defendant and that the note was made…