Wyatt

This is an action upon a promissory note dated December 5, 1888, and payable ninety days after date. The instrument appears to be a joint note, signed by each of the defendants, with the word “ surety ” written after the name of defendant Busch.

The defendants, other than Busch, suffered default. He answered, and alleged that he signed the note neither as maker nor acceptor, and “ that he wrote his name upon said negotiable instrument as a surety, without any consideration whatever, but solely for the accommodation of the makers of said instrument, and delivered it, with his name thereon, to co-defendant Mitchell, who delivered the same to the plaintiff, all of which facts were known to the plaintiff at the time of said delivery.” He further alleged that no notice of the presentment and non-payment of the note was given to *617 him for more than ten days after its maturity, and that he never waived its presentment or notice of its dishonor.

The court below gave judgment against all of the defendants, and the defendant Busch appeals.

It is contended for the appellant—and this is the only point made — that as he wrote “surety ”'after his name, and was known by the payee to be a…