Falkenhan

This is an appeal by the defendant corporation from that part of the judgment which authorizes judgment against that defendant.

The action is brought upon a promissory note executed by the other defendant to the appellant, and is not negotiable, because it contains a stipulation for an attorney’s fee.

In the complaint the note is set out at length, and it is averred “ that on the thirtieth day of August, 1888, before the maturity of said note, the defendant, the Coronado Beach Company, for a valuable consideration, waived protest in writing thereon, and indorsed said note in blank, and then and there delivered the same to plaintiff.” It also alleges demand and non-payment, but does not aver notice to the indorser.

To this complaint the appellant interposed a general demurrer, which having been overruled, it answered, denying that it waived protest, or that demand had been made on the maker, and averring that no notice of nonpayment by the maker had been given.

The maker answered, alleging that he paid the note in question to the appellant, April 7, 1888, which was prior to the maturity of the note or its assignment to plaintiff.

The court found in regard to the assignment of…