Lagomarsino

The plaintiff sets forth in his complaint a promissory note for the principal sum of three hundred and fifty dollars, executed by the husband of the defendant in his lifetime to the plaintiff. He alleges further that he demanded payment and threatened suit against the maker of said note, and that thereupon the defendant promised that if the plaintiff would pay to her the sum of one hundred dollars and not commence the suit, the defendant would guarantee the payment of the said note of three hundred and fifty dollars and the further sum of one hundred dollars. That thereupon the said plaintiff paid to defendant one hundred dollars, and the defendant wrote her name across the back of said note and placed figures thereon as follows, to wit-: “Mrs. Rosa Lagomarsino $450.” The plaintiff demanded judgment for four hundred and fifty dollars and interest. On a trial before' a jury plaintiff obtained a verdict and judgment for three hundred and fifty dollars.

The defendant appeals from an order denying her a new trial. One of the defenses made at the trial was that the signature of the defendant upon the back of the note was made without consideration. We think the undisputed evidence…