Jones

Appeal by defendant from the judgment and an order denying a new trial.

The action was to recover from defendant, as indorser, on á certain certificate of deposit. The certificate was in these words:

.It'was indorsed “G. M. Jones.”- The complaint alleged its presentation, with demand of payment, to the maker,, on October ,19,- 1896; that payment was not made, and that due -notice of such demand was given the defendant. . ,

*32 The answer alleged that defendant’s indorsement to plaintiff was made, on or about March 6, 1896, and was with the understanding and agreement that plaintiff should present the certificate to the maker for payment at the end of six months from its date; that at the last-mentioned date the maker thereof was in a flourishing condition and'meeting all its obligations as they matured, and that had the paper been then presented it would have been promptly paid; that it was the duty of plaintiff- by reason of said agreement to make demand at said date, and by its failure to do so it had assumed all future risks of collection.

The court found the facts alleged in the complaint to be true and those stated in the answer untrue; and gave judgment for the…