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Rockwell aud Rockwell, rs. James y. Smith, A.
Company and Lorenzo Powers. This was an action
10 recover the Of SlSs 81 together with the in
terest accruing thereon, being the amount of note
due on the I'd of July 1889, which was made by the
first of the defendants and ndorsed by the second.


II appeared by the testimony the part Of the plain
tin that the note lost before IL became due and
that the defendants had unformely refused 70 pay il.
The making of the note was not disputed nor any
objection taken 70 its validity, or correctness.


On the part of the defendants, IL was set o., that
as the plaintiffs did not tendcr bond ~ indie unity
NJ the time they demanded pas meat for the note.
thcy could not er, unless they could produce
the documeat The counsel urged that II has clients
not prote, ted n this way, they, IN all probab
lily, would have 70 pay the amount twice over.