
    THE NATIONAL STATE BANK OF TROY, Respondent, v. CHARLES H. RISING, Impleaded, etc., Appellant.
    
      Alteration of note—ratification of try indorser—evidence—Appeal from judgment— when questions of fact not considered on.
    
    An action may be maintained against an indorser of a note, who ratifies and promises to pay the same, with full knowledge of the fact that the same has, subsequent to his indorsement thereof, been altered by adding thereto the words “with interest.” (Commercial Bank v. Warren, 15 N. Y., 577; Huntington v. Ballou, 2 Lans., 120; Greenfield Bank v. Crafts, 4 Allen, 447; Hazard v. Spears, 2 Abb. Ct. of App. Cases, 353.)
    Upon the trial of such an action, evidence tending to show that .the words “ with interest ” were or were not written at the same time, and with the same pen and ink, is admissible. (Dubois v. Baker, 30 N. Y., 355.)
    Upon an appeal from a judgment entered on the verdict of a jury, where no motion for a new trial has been made, no question of fact will be considered. (4 Wait’s Sup. Ot. Pr., 295.)
    Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury.
    
      C. F. Tabor, for the appellant.
    
      Esek Cowen, for the respondent.
   Opinion by

Boardman, J.

Present—- Learned, P. J., Boardman and James, JJ.

Judgment affirmed, with costs.  