Weatherwax

Action upon a promissory note.

The complaint alleges that defendant, on the second day of July, 1919, made, executed and delivered to Hayes & Hayes, Bankers, his promissory note in the sum of $3',000 and, at the request of defendant, plaintiff indorsed and guaranteed payment of the same. Thereafter plaintiff pur chased the note. Subsequent to its purchase by plaintiff, defendant made several payments thereon at various times up to the tenth day of October, 1926. The complaint further alleges that the places of residence of defendant, after the execution of the note, were in the states of Washington and Oregon; and recites, on information and belief, that defendant has not resided in the state of California for periods aggregating more than three years since the note was executed. Under a separate cause of action plaintiff alleged an acknowledgment of the debt by defendant and a new promise to pay.

The answer set up, as a defense, the statute of limitations and also the fact that defendant was a resident of the state of California at the time of the execution of the note and prior to the date of commencement of the action, and was actually within the state for a period of time…