Dougall

This action is based upon two promissory notes dated upon the same day and alike in every respect, except that one is made payable six months after date and the other twelve months after date. The following is a copy of one of them.

“$500. Windsor, Ont., March 5, 1884.

“ Six months after date, for value received, we promise to pay to the order of Duncan Dougall, at the Canadian Bank of Commerce here, the sum of five hundred dollars. “ George Campbell,

“ A. B. Schulenberg.”

It is averred in the complaint that at the time of the execution of the note and at the time when it became due and payable both defendants were nonresidents of the state of California, and so continued until within a period of less than two years before the commencement of the action.

Only Schulenberg was served with summons. He answered and with other defenses pleaded the statute of limitations, to wit: That the cause of action was barred by the first subdivision of section 339 of the Code of Civil Procedure.

The cause was tried by the court without a jury, and the fifth finding of fact is that the cause of action “was not at the commencement of this action, and is not now, barred by the provisions of…