#### J. W. SILVERS v. J. B. NOLAN & COMPANY.

(Filed 5 December, 1928.)

Appeal by plaintiff from MacRae, Special Judge, at July Term, 1928, of ClevelaND.

No error.

Action to recover damages for false and fraudulent representations as to the solvency of the maker of certain negotiable notes. The said notes were endorsed by defendant, payee therein, “without recourse,” and negotiated, for value to plaintiff. They were not paid at maturity. The *815maker bas been adjudged a bankrupt by tbe United States District Court for tbe 'Western District of South Carolina.

Plaintiff alleges in tbis complaint tbat at tbe time of tbe negotiation of said notes defendant represented tbat tbe notes were good; tbat tbe maker was solvent, and was able to pay and would pay tbe notes at maturity; tbat these representations were false and fraudulent, and tbat be was thereby damaged.

From judgment on an adverse verdict, plaintiff appealed to tbe Supreme Court.

Bennett & Edwards for plaintiff.

Newton & Newton for defendant.

Pee CueiaM.

Under instructions free from error, tbe jury bas found tbat tbe essential allegations of tbe complaint are not sustained by tbe evidence. Tbe assignments of error relied upon by plaintiff on bis appeal to tbis Court cannot be sustained. Tbe evidence objected to by plaintiff was not material; tbe principle of law relied upon to sustain tbe objection bas no application. Tbe only exception to tbe charge as given was directed to a statement by tbe court of tbe contention of defendant, and is supported by tbe evidence. Tbe instructions were clear and full, in compliance with 0. S., 564. Tbe judgment is affirmed. There is

No error.