Clay

Defendant Martin was the payee of a promissory note for $3,500 made by his co-defendants, payment of which was thereafter guaranteed in writing by Martin and the same was deposited with the Peoples National Bank of Los Angeles as collateral security for a debt owing by him to the bank. Plaintiff brought suit on the note and guaranty. Defendant Martin alone was served and the action was apparently dismissed as to his co-defendants. The case was tried before the court, a jury having been waived. From a judgment in favor of said defendants plaintiff has appealed.

The execution of the note and guaranty is admitted by the answer of defendant Martin, which denies, however, that plaintiff is the owner and holder of the note and sets out as separate defenses- that the note was given as additional security for a loan then due said bank, which loan was paid, in full, and other facts which tended to charge plaintiff with knowledge of any infirmities in the note.

It is appellant’s contention that the third, eighth and ninth findings of the court are not supported by the evidence. Such findings are as follows: “3rd. That it is not true that plaintiff was on the 10th day of June, 1928, the…