Dixon

The defendant appeals from the judgment upon the judgment-roll alone.

The complaint alleges that the defendant, in the state of Nevada, executed to the plaintiffs as copartners, a note of the following tenor: “Round Mountain, Nevada, 12/9-’08. One day after date I promise, to pay Dixon & Stebbins, or order, $2806.00 (twenty-eight hundred and six dollars), for yalue received with interest at the rate of 1 per cent per month until paid. Henry J. Bartlett”; and that thereafter, on March 9, 1912, and on September 23, 1909, in San Francisco, California, “in a writing signed by said defendant, in consideration of the foregoing facts, he acknowledged said indebtedness and promised to pay the same,” but that he has not paid the same or any part thereof. The answer alleged that the action was barred by the two years’ statute of limitations. (Code Civ. Proc., sec. 339, subd. 1.)

Finding V is in part as follows: “That on or about the ninth day of March, 1912, and on September 23, 1909, at the city and county of San Francisco, state of California, in writings signed by the defendant, Henry J. Bartlett, he acknowledged the indebtedness evidenced by said promissory note and promised to pay…