Buckley

Murray, C. J. concurred.

Suit against makers and endorsers of a note. The endorsers rely upon want of demand and notice. This defense is replied to With the assertion that the maker placed in the endorsers’ hands property which they sold and turned into money.

The facts, as found by the special verdict of the jury, are—

Where payment by the maker to the endorser is relied upon as an excuse for want of demand and notice, it must be a payment directly and specifically for the note, and not as security for all transactions in the aggregate. The makers, in this case, did not specify that the payment to the endorsers was to meet this particular note, and it therefore results that the endorsers had a right to apply the fund to any indebtedness they held against the maker, and further, to stand upon their strict legal rights as to demand and notice in regard to the note in, suit.

It follows from this view, that the judgment is erroneous, and musft be reversed.