Silverstein

A hearing was granted herein in order that we might give further consideration to the questions at issue, after decision by the District Court of Appeal in and for the First Appellate District, Division One, Jorgensen, J., pro tern., writing the opinion. Upon such consideration we are satisfied that the reasoning and conclusions of the appellate tribunal were correct; that the signatures of the appellants on the back of the promissory notes sued upon constituted! them indorsers and not original makers or guarantors thereof; that the trial court was in error in the admission of oral evidence for the purpose of varying that relation; and that, if not in error in so doing, the evidence thus permitted to be educed showed clearly and without substantial contradiction that at the time of the execution of the instruments the plaintiff knew and was informed by his own counsel, who drew and attended to the execution- thereof, that the appellants were executing the same as indorsers and not as original makers thereof, and that the plaintiff so understood that to be their relation thereto at the time he undertook to give his belated notice of dishonor.

The portion of the opinion of the…