
    Paul E. Meyer, Respondent, v. Morris Rosenthal, Appellant.
    (Submitted September 30, 1926;
    decided October 19, 1926.)
    
      Bills, notes and checks — indorsement —■ evidence — action by indorser of promissory note to recover from prior indorser amount paid — parol evidence showing that though his name appeared first on note, plaintiff had indorsed after defendant, proper.
    
    
      Meyer v. Rosenthal, 216 App. Div. 766, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 23, 1926, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover an amount paid by plaintiff as indorser of a promissory note, it being alleged that defendant was a prior indorser thereof. The note showed on the back thereof the name of the plaintiff above that of defendant but parol evidence was received over objection showing that plaintiff had indorsed after defendant. It was contended that the reception of such evidence was error.
    Judgment affirmed, with costs;
    
      Myron Butler and Isidore Siegeltuch for appellant.
    
      Peter B. Hanson and Frank J. Irving for respondent.
   no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  