Eich

This is an action by the plaintiff as indorsee of a negotiable promissory note, made by defend *172 ants, who are appellants here, for three thousand dollars and interest at ten per cent per annum from date of note, viz., July 7, 1893. The note fell due November 1, 1893. The complaint is in the usual form upon a promissory note.

An answer was filed by defendants, to which plaintiff demurred, and also moved to strike out portions thereof.

The motion to strike out was granted' and the demurrer sustained; defendants declining to amend their answer, their default was entered, and judgment rendered in favor of plaintiff in consonance with the prayer of his complaint.

The appeal is from the final judgment, and the sufficiency of the answer as against the demurrer thereto, and the motion to strike out, are the only questions involved in the appeal.

We epitomize in part and quote the residue of the answer as follows: 1. Defendants admit the making of the note to John Eich as payee; 2. Aver that it was indorsed after maturity; 3. Deny there was any consideration for the note beyond two thousand dollars; 4. “The defendants aver that the payee of said note, John Eich, is, and was, before…