Giletti

This is an appeal by defendant upon the judgment-roll alone from a judgment in favor of plaintiff.

The action was upon three certain written obligations in the nature of promissory notes, for the payment of money, made by appellant to respondent, payable to the. latter on demand, and delivered to him by appellant. *430 In the answer the execution by appellant of the said obligations is not denied; but it is averred that as to one of the obligations appellant was, by agreement, not to be obliged to pay the same until he “ should be able to pay the same,” and that it is not due—although he does not deny that he is not able to pay it. As to another of the obligations it is averred that respondent could have recovered the amount of it from one Vandagna, who signed it jointly with appellant, but that respondent never demanded payment of said Vandagna; that appellant has no knowledge of said obligation; “ and that if defendant’s name is signed to said note he never received any consideration therefor, and denies the same or any part thereof.” As to the third obligation it is averred that it “ was given with the understanding that Giovanne Vandagna was the person who had to pay said…