McCarthy

Plaintiff, Thomas B. McCarthy, commenced this action on September 21, 1915, to recover the. amount of a promissory note executed by defendant, Mrs. Jessie Madison, and her husband, Charles Madison, who was formerly a defendant in this action, and who died on June 21, 1917. The note is as follows: ‘16132.50. San Francisco, California, September 22, 1911. One day after date for value received we or either of us promise to pay to the order of Thomas B. McCarthy at San Francisco, California, six thousand one hundred thirty-two dollars and fifty cents, with interest thereon at the rate of seven per centum per annum, from date until paid, principal and interest payable in United States Gold Coin only; said interest payable monthly and if not paid as it becomes due, to be added to the principal and become a part thereof, and to bear interest at the same rate. In case suit is brought thereon to compel the payment of this note or any portion thereof, the payers promise to pay costs thereof and such attorney’s fees as may be incurred. Chas. Madison. Mrs. Jessie Madison. Witness R. H. Cross. ’ ’ On December 30, 1919, the action was dismissed as to defendant Charles Madison.

Defendant’s…