Kinsel

Appeal from a judgment in favor of plaintiff in an action brought against the defendant as indorser of a promissory note. The appeal was taken within sixty days, and the evidence is brought up in a bill of exceptions.

The note, which is set out in full in the complaint, reads as follows:—•

1. One of the defenses was that the defendant had indorsed the note without recourse to him, by simply signing his name below that of the prior indorsement without recourse, and that the words “Pay to the order of E. F. Kinsel with recourse to me” had, after the delivery of the note, been written above his signature without his knowledge or consent. The court found against this allegation, and there was ample evidence to sustain the finding.

2. The defendant attacks the finding that notice of default had been given him, but the complaint alleges the giving of such notice, and the answer fails to deny it.

3. The answer alleges that at the time the defendant transferred the note to plaintiff it was understood and agreed that the plaintiff should have no recourse to the defendant should such note not be paid when due, and that plaintiff should rely solely upon the security of a chattel…