¶1To this suit on a note signed by Kelly and -endorsed by Howard and Ganther, the defendants plead want of consideration.
¶2Ganther was building a boat which stood in the name of Kelly and Howard was the manager; Clement, in order to assist them, made them a friendly loan of $200.
¶3Later on, being in need of money, he called on them for the amount and received in lieu of money the note in controversy.
¶4Irrespective of the technical ownership of the boat, it is clear that the defendants had sufficient interest to afford consideration for the note. It is clear that if they had had money at the time, they would have paid Clement outright.
¶5In point of fact they did promise to do so as soon as they collected money from certain quarters and no question of non-liability was raised.
¶6The defence fails.
¶7Affirmed.