Beer

This is an action brought upon a promissory note dated at Co velo, California, March 29, 1890, made by the defendants to the plaintiff, for the sum of three thousand five hundred dollars, with interest at the rate of ten per cent per annum, from March 16, 1889.

The case was tried before the court without a jury, and findings were filed and judgment entered for the plaintiff for the full amount of said note, with interest and costs, in all five thousand three hundred and thirty-five dollars and forty-one cents, and this appeal is from the judgment and an order denying the defendants* motion for a new trial.

Upon a first trial of this case the plaintiff had judgment for an amount much less than she claimed, and her motion for a new trial was granted, and the defendants appealed from the order granting said motion. The case upon the former appeal is reported in 98 Cal. 323 ; 35 Am. St. Rep. 172 , where will be found a general statement of the' facts in the case. The question involved upon that appeal was as to the liability of the plaintiff upon her indorsement of eleven promissory notes then *54 overdue, and which were part of the assets sold by her to Clifton and Weill, and which…