¶1The action was upon a promissory note made by the Cosmopolitan Club to the order of the plaintiff and indorsed by the defendant.
¶2The note upon its face imported that the plaintiff was the payee, and presumptively was to become the first indorser.
¶3In order to overcome that presumption and make the defendants first indorsers, it was necessary to show that they indorsed the note under circumstances which negatived the legal presumption.
¶4This they failed to do, and the trial judge properly dismissed the complaint.
¶5We find no error requiring a new trial, and the judgment must be affirmed, with costs.
¶6Newburger and Fitzsimoes, JJ., concur.
¶7Judgment affirmed, with costs.