McNamara v. Jose

The opinion of the court was delivered by

Fullerton, J.

— The respondent brought this action against the appellant and one Thomas Carstens to recover upon, a promissory note of which the following is a copy:

“$1,000. Seattle, Wash., Dec. 28th, 1899.

On or before July 1, 1900, after date, (without grace) I promise to pay to the order of J ames Daly, one thousand dollars, for value received, payable only in United States gold coin.

Payable at Cape Home.

Jose & Cabstens,

Per Alfred Jose.”

He alleged in his complaint that he purchased the note from the James Daly named therein as payee, prior to its…