James

C. H. James, the plaintiff, brought this action as assignee of D. Sullivan & Co., a banking association of San Antonio, Texas, to recover from The E. G. Lyons Company of San Francisco the amount of $325 alleged to be due on a sight-draft drawn at San Antonio, March 5, 1897, by the firm of Mayer & Adler of that city, upon the' defendant, and in favor of the assignors of plaintiff.

The plaintiff alleged that during the month of February, 1897, the defendant in writing made an unconditional promise to accept and pay said draft, and thereby accepted the same, and that on the faith of such promise the assignors of plaintiff purchased it from Mayer & Adler for value; that said draft was duly presented to defendant and dishonored.

The trial was had before a jury, a verdict rendered for plaintiff in the amount sued for, and from the judgment and an order denying its motion for a new trial defendant appeals.

As grounds for a reversal, it is insisted that the evidence is insufficient to justify the verdict; that the court erred in its rulings as to the admission of evidence, and misdirected the jury in its instructions.

This is the second time this case has been here. The first trial…