Hirst

This is an appeal from a judgment in favor of the defendant N. A. Dorn after his demurrer to the third amended complaint of the plaintiff had been sustained, the latter declining to further amend his pleading.

The facts of the case are these: On March 1, 1912, the defendant C. H. Hirst made, executed, and delivered to one L. L. Long his promissory note for the sum of one thousand five hundred dollars, payable one year after date, of which said note the defendant N. A. Dorn was the indorser. Before' the maturity of said note the maker thereof absconded and departed from the state of California, and had neither a residence nor place of business therein at the time said note fell due. Prior to the maturity of the note, said L. L. Long transferred and delivered the same to the plaintiff herein, who, also prior to the date of its maturity, delivered said note to the Crocker National Bank of San Francisco for collection. The first day of March, 1913, the date of the maturity of said note, fell on Saturday. At about the hour of 4 o’clock of said day, said note not having been paid, the said bank directed one Alice Spencer, a notary public, to give notice of dishonor of said note to said…