Greenberg

This action is upon a promissory note made by Meyer Greenberg, L. J. Greenberg, and B. Schwartz, dated March 5, 1894, at one year, to order of the plaintiff, for the sum of five thousand dollars, with interest at ten per cent until paid, and at the end thereof, above the signature of the makers it was added: “This note is given to secure overdraft of Greenberg Bros.” The complaint is in the usual form, sets out a *468 copy of the note, and alleges that no part of it has been paid.

A general demurrer to the complaint was overruled, the defendants answered, and upon trial before a jury the plaintiff had verdict, and judgment was entered thereon against the defendant Schwartz, the - other defendants having been discharged in insolvency pending the suit.

This appeal is from the judgment upon the judgment-roll and a bill of exceptions.

The demurrer to the complaint should have been sustained. The instrument sued upon is not an absolute and unconditional promise to pay a certain sum of money at the time specified, but is a collateral agreement to pay the overdraft of Greenberg Brothers, on March 5, 1895, not exceeding the sum of five thousand dollars, and accrued interest. The action…