
    Patrick C. O’Rourke, App’lt, v. Margaretha Hanchett, Resp’t.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed October 18, 1895.)
    
    Notes—Indorser—Promise to pat.
    An absolute promise, by an indorser, to pay a note, made without full knowledge of the fact that he had not been charged as indorser thereon, is insufficient to create a liability.
    Motion for a new trial on exceptions, ordered to be heard at general term in the first instance.
    
      A. B. Stewart, for motion; F. Fder, opposed.
   Per Curiam.

Although the record in this case contains no evidence of an absolute promise to pay, yet, if it did, it not appearing that such promise was made with full knowledge of the fact that the defendant had not been charged as indorser, it would be insufficient to create a liability. Meyer v. Hibsher, 47 N. Y. 265. The rule laid down in that case is as follows : “A promise to work a waiver, must be made with full knowledge of all the facts.”, The exceptions should be overruled, and judgment ordered upon the verdict, with costs.

All concur.  