Bentel

Plaintiff by its complaint alleged the execution by one Barlow to defendant of a promissory note, dated July 8, 1906, payable on demand at Barlow & Bragdon’s office, interest being provided for in said note. Alleged further that defendant sold, assigned and transferred said note, and indorsed and delivered the same to plaintiff and guaranteed the payment of the same; that on or about November 27, 1907, and repeatedly since said date, plaintiff has demanded the payment of said note, both of the maker and of defendant, but both have refused and still refuse payment. The answer put in issue the allegation of guaranty; denied the demand upon the maker, and denied the notice of dishonor.

The court found in favor of plaintiff upon all the issues, and judgment was rendered in its favor for the unpaid balance due upon said note. From this judgment defendant appeals upon a bill of exceptions. In this bill it is specified that the evidence is insufficient to justify the finding of the guaranty, or of the demand upon the maker, or of the notice of such demand to defendant. The laws of this state making the apparent maturity of a demand note bearing interest one year after its date, the…