Eames

The plaintiff recovered judgment in the court below for the sum of six hundred and eiglityone dollars and fifty-two cents and costs of suit on two promissory notes for two hundred and fifty dollars each, dated May 9, 1889, payable in six and twelve months respectively after date.

It is claimed by the appellants that the second count does not state a cause of action. The point made is that it is insufficient to allege that the “plaintiff is now the holder and owner of said promissory note.” The point would be well taken if this were the only allegation showing ownership in the plaintiff. It is alleged, however, that at the time the note was made it was delivered to Bandholt, the payee named therein, and “that thereafter J. F. Bandholt, for value and before maturity, assigned said note by indorsing same in blank on the back thereof.” This, taken in connection with the allegation of possession, was sufficient to show the plaintiff’s title, the effect of an indorsement in blank being to make the paper payable to the plaintiff, not as an in *262 dorsee, but as bearer. (Poorman v. Mills, 35 Cal. 120 ; Curtis v. Sprague, 51 Cal. 241 .)

It is alleged in the first count that the note was…