Quanchi

This is an appeal on the judgment-roll, without a bill of exceptions, from a money judgment in favor of plaintiff.

The complaint was in two counts, and the question raised in this appeal concerns only the first count. In that count it is alleged, and the court found, that on September 3, 1902, the defendant executed and delivered its promissory note to the plaintiff, by the terms of which it promised to pay to the plaintiff, ninety days from said date, the sum of $1,462.31. “That thereafter, and at the request of defendant, and for its benefit, the following indorsements were made on the back of said instrument, to wit:

The complaint further alleged and the court found that by virtue of the terms of said note the defendant promised to pay plaintiff the amount therein specified, but that no part thereof has been paid except the said sum of $500, leaving due and unpaid from defendant to plaintiff the sum of $963.31, with interest thereon at the rate of eight per cent per annum from the fifth day of December, 1902.

The defendant, in addition to a specific denial of the allegations of the complaint, pleaded that the cause of action was barred by subdivision 1 of section 337, and…