Leonard

The plaintiff recovered, in the lower court, a verdict and judgment for the sum of $439.40 and costs. The appeal is from an order denying the defendant’s motion for new trial. The case as alleged in the complaint *100 is as follows: The action originates in a note of the plaintiff and T. W. Leonard-to the City Bank of Santa Cruz, of date April 30, 1894, for the sum of $600, and another note of the same to the same, of date March 16, 1897, for the sum of $200—the balance then due on the former note. The plaintiff paid on the original note, March 16, 1897 (the date of the latter note), the sum of $207.70; and afterward, March 13, 1899, the second note in full. The complaint, in addition to the above facts, alleges that the first note was given “at the request of and for the sole benefit of said defendants, and upon their promise to him that they, the said defendants, would pay the same, .... and would pay to plaintiff any sums of money that plaintiff might pay thereon,” etc. The verdict and judgment are for the amounts thus paid, with interest.

It is urged by the appellant’s counsel, as ground of reversal, that a nonsuit should have been granted for the several reasons assigned,…