
    HUBBELL vs. SCATES.
    Eastern Dist.
    
      March, 1840.
    APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS.
    
      3 udgment affirmed, as for a frivolous appeal, with the maximim of damages.
    The defendant issued as endorser of a note. He denied that the plaintiff was owner, and had right to sue on the note; and also, averred, that part of it was paid. The plaintiff had judgment on the production of the note and protest in evidence ; there being no testimony for the defence. The defendant appealed.
    
      Jones, for plaintiff, prayed for affirmance of judgment and full damages.
    
      
      M'Millen, for appellant.
   Morphy, J.,

delivered the opinion of the court.

This is a suit on a promissory note, endorsed by defendant. Nothing has been shown, to induce us to refuse the affirmance of the judgment below, and the damages prayed for by appellee.

It is, therefore, ordered, adjudged and decreed, that the judgment appealed from, be affirmed, with costs, and ten per cent, damages.  