Codiga

The defendant was sued on a promissory note and at the time that he appeared in the action he filed a demurrer and moved to change the place of trial of the action from the superior court of the state of California in and for the city and county of San Francisco to the superior court in and for the county of San Joaquin. His motion was denied and the defendant has appealed.

The record does not disclose any points with reference to the form of any paper, nor any question as to procedure, except as to the following matters. In its complaint the plaintiff pleaded an action on a promissory note and in doing so it set forth a complete copy of the note and the indorsements thereon. In its reply to the defendant’s moving papers, the plaintiff filed a counter-affidavit in which it set forth certain of the covenants contained in the note, and thereupon it based its contention “That by reason of such right as provided for in said note, plaintiff corporation as the holder in due course of said note has brought the action hereinabove referred to in the superior court of the state of California, in and for the city and county of San Francisco.” If the passages contained in the promissory note…