
    EDWARD ABEEL and others, Respondents, v. IRA SEYMOUR and others, Appellants.
    
      Promissory note — anithoriiy to indm'se — how proved.
    
    In this action, brought to charge the defendant as the indorser of a promissory note, it appeared that he had been accustomed to assume the liability of indorser on promises on which his name had been written by his son; that he did not deny the validity of the indorsement in the present case until after his son had absconded, but impliedly admitted his liability upon it. Held, that these acts, unexplained, established, as against him, the authority of the son to indorse his name upon the note, and that he was liable thereon. (Bi’uanv. Qengelle, 3 Esp., §0; Weed v. Oa/rpenter, 10 Wend., 403; Builw'-v. Stocking, 4Seld., 408; Prescott v. Flinn, 9 Bing., 19.)
    Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee.
    
      George N. Kennedy, for appellants. Wm. G. Ruger, for respondents.
   ■Opinion by

Gilbert, J.

Present — Mullin, P. J., Smith and Gilbert, JJ.

Judgment affirmed.  