Bradley

Appeal from an order denying the defendant’s motion for a new trial.

This is a suit by the administrator of an alleged indorsee against the defendant as maker and indorser of two promissory notes of the Sunset Vineyard Company, of date January 25, 1892, for the sum of one thousand dollars each. The notes became due on January 1, 1898, and on non-payment were duly protested and notice of dishonor given to the defendant.

The complaint alleges that the defendant, on or before. February 1, 1894, for value received, duly indorsed, transferred, and delivered said promissory notes to the deceased, Bradley, the indorsee, and that at the time of his death he was the owner and holder of the notes. The answer “denies each and every material allegation” of the complaint; and as the case seems to have been tried upon the theory of the sufficiency of this denial, all of the allegations of the complaint are to be regarded as denied, with the exception of the execution of the promissory notes, which are set out at length. It is also affirmatively alleged that the note sued on was secured by a mortgage on real property; that there was no consideration for the alleged indorsement and transfer;…

I concur for the sole reason that I think the court erred in excluding the offered testimony of Upton.

A petition to have the cause heard in the supreme court after judgment in the district court of appeal was denied by the supreme court on October 30, 1905.