Golden

In this case a rehearing was granted, but after further consideration, with some minor changes and with the citation of additional authorities, we adhere to our original position.

This is an appeal from a judgment in favor of defendant and from an order denying plaintiff’s motion for a new trial.

Prior to the twenty-sixth day of December, 1907, F. H. Rowe was indebted to the plaintiff in the sum of $3,825. On that date Rowe gave the plaintiff his check on the Canadian Bank of Commerce for the sum of $1,000, and the time for payment of the balance was extended to January 25, 1905. When this check was presented to the Canadian Bank of Commerce it was refused payment for lack of funds to the credit of the maker. Between the 26th and 28th of December the plaintiff was pressing Rowe to make good the amount of the check. On the latter date Rowe, in company with the defendant Golden, called at the bank of plaintiff, and Rowe stated that he was unable to raise the money to meet the check, but that Golden would give the plaintiff an order drawn upon his deposit in the Hibernia Savings and Loan Society for $1,000. Rowe called attention to the fact that said' loan society, owing to the…