Wittman

Plaintiff commenced the action by veri-

fied complaint to recover the balance due on a certain promissory note. Judgment went against defendants Geo. W. Witt-man and J. G. Leibold for the sum of $7,076.82, with interest from date of the judgment and costs. Defendant vehicle company, maker of the note, did not answer.

• The appeal is from the judgment and order denying his motion, for a new trial by defendant Wittman alone. .The promissory note in suit reads as follows:

On the back of the note is indorsed: “J. G. Leibold and Geo. W. Wittman,” and then:

Stamped on the back of the note are various sums of interest and principal.

Defendant Leibold in his answer admitted, by not denying, the due execution of the note, the indorsements and guarantee and that the vehicle company received consideration for its note, 'but alleged want of consideration passing to him for his indorsement; denied that the whole or any part of said note or interest is now or ever was due from this defendant.

Defendant Wittman’s answer is of considerable length, a summary of which he states in his brief as follows:

It appeared that prior to March 23, 1907, defendant Lei-bold was engaged in business in…