sversed and rema nded.

RUSSELL vs. HESTER.
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Tuscaloosa Circuit Court.

 w. COCHRAN. for the plaintiff in error. MOORE, contra.

 ORMOND, J.

 l. Where promissory note not due, with a solvent indorser, is received by creditor as collateral security tor the payment of a debt, 1t deyoIves on him the necessity of preserving the liability of the indorser, and the breach of this contract exposes him to an action for the damages resulting there, from; which, as the maker is insolvent, and the indorser able to pay, is the entire amount secnred by the note.

 Reversed and remanded.

 The chief justice not sitting.