
    [No. 8961.
    
      En Banc.
    
    December 29, 1911.]
    Scandinavian American Bank, Appellant, v. E. W. Johnston, Respondent.
      
    
    Appeal from a judgment of the superior court for King county, Neal, J., entered January 29, 1910, upon the verdict of a jury rendered in favor of the defendant, in an action on a promissory note.
    Reversed.
    
      Roberts, Battle, Hulbert & Tennant, for appellant.
    
      Hart, Prigmore & Evans, for respondent.
    
      
      Reported in 119 Pac. 804.
    
   On Rehearing.

Per Curiam.

On respondent’s petition and appellant’s answer thereto, a rehearing en banc has been granted in this action. After such rehearing, the majority of this court conclude that the opinion heretofore filed herein, 63 Wash. 187, 115 Pac. 102', should be sustained.

It is therefore ordered that the judgment of the superior court be reversed, and that the cause be remanded with instructions to enter judgment in favor of the plaintiff in accordance with the prayer of the complaint.  