
    Coit & Co. v. Charbonnet & Al.
    The defendants, sued ns indorsers, failed in proving their defence, and judgment against them was affirmed.
    Appeal from the commercial court of New Orleans.
    This is an action against the indorsers of a promissory note for $1610, signed by O. Parlange.
    The defendants severed in their answers, but admitted their signa- [441] tures and pleaded novation; averring the plaintiffs had received goods and a new note for the original debt.
    Qn the trial evidence was offered to prove the malcer of the note had sent $900 worth of drilling and a note for $1000, indorsed by Materre, in lieu of and to take up the note sued on. The plaintiffs’ witnesses proved that this arrangement never took effect; the drilling and note offered, were not accepted or received by the plaintiffs.
    There was judgment for the plaintiffs and the defendants appealed.
    
      L. Peb'ce for the plaintiffs.
    
      Pepin contra.
   Martin, J.

delivered the opinion of the court.

The defendants, sued as indorsers of a promissory note, severed in their answers, admitted their signatures as indorsers, and pleaded novation. There was judgment against them and they appealed.

The case has been submitted to us without an argument. A close examination of the evidence has satisfied us that the judge of the commercial court did not err in concluding that the defendants had failed in ■ establishing their defence.

It is therefore ordered, adjudged and decreed, that the judgment of the commercial court be affirmed with costs.  