
    Nathan G. Harding et al. v. John W. Dilley.
    Peomissoky notliability of indorser. It is not nece'ssaryin this State, in order to fix the liability of the indorser of a promissory note to the in-dorsee, that the latter should prove a demand upon the maker of the note, a refusal to pay, and notice to the indorser of non-payment.
    Appeal from tbe Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding.
    This was an action of assumpsit, brought by Nathan G. Harding and Alvin Bryan against John W. Dilley, as in-dorser of a. promissory note made by one Seneca S. Lake, to defendant, and by him indorsed to the plaintiffs. Upon a trial in the circuit court judgment was rendered in favor of the defendant, from which the plaintiffs appeal.
    Messrs. Kidder & Noecboss, for the appellants.
    Messrs. StewaRt & Phelps, for the appellee.
   Per Curiam :

In this case, the seventh instruction for the defendant was, that the indorser of a note could not be held without demand and notice. This, under our statute, was erroneous.

The judgment is reversed and the cause remanded.

Judgment reversed.  