Norton

The plaintiffs and respondents brought an action against defendants based upon nonpayment of a promissory note for the sum of $1700, dated April 3, 1926, due one year after date, without grace, with interest at seven per cent per annum. This note was signed by defendant Vroman, as maker, and by appellant Show, as indorser.

The evidence adduced at the trial showed that no demand or presentment was made upon either of said defendants, except a demand for payment made by letter addressed to both defendants, dated April 15, 1927, being twelve days after the date of maturity of said note. Upon conclusion of plaintiffs’ case, the appellant made motion for a nonsuit on the ground that the note did not bear a waiver of demand, notice or protest, and that presentment not having been made on the day the note fell due, appellant, as indorser, could not be charged with liability for the amount due on said note. This motion was denied and, after further evidence taken, judgment was rendered in favor of the plaintiffs for the sum of $1700 principal, $357 interest and $250 attorney’s fees.

Upon appeal appellant contends that error was committed by the trial court in denying the motion for a…