#### LOREN E. PEARSON v. J. W. WESTBROOK.

(Filed 2 May, 1934.)

Appeal by defendant from Daniels, J., at October Civil Term, 1933, of WayNE.

No error.

The plaintiff was a fire insurance agent. He sold the defendant a policy of insurance in the Great National Insurance Company of Newark, N. J., on certain tobacco barns. The plaintiff settled with the company for the premium and extended credit therefor personally to the defendant. There was a loss under the policy and the defendant made claim on the insurance company, which issued its draft covering the loss. The draft was given to the plaintiff by the company’s claim agent and was delivered to the defendant on 20 November, 1931. In *911tbe afternoon of tbe same day tbe defendant’s wife paid tbe plaintiff $21.26 tbe amount of tbe premium. A few days afterwards for tbe purpose of identifying tbe defendant and at his request tbe plaintiff endorsed tbe draft in blank under tbe payee’s endorsement and left it with tbe defendant. Tbe plaintiff bad no pecuniary interest in tbe draft. Tbe defendant presented tbe draft endorsed by himself and tbe plaintiff to tbe Branch Banking and Trust Company in Goldsboro, who paid tbe draft upon tbe strength of the plaintiff’s endorsement. Tbe draft was sent by tbe bank of Goldsboro for collection in tbe usual course and was returned unpaid. Tbe plaintiff immediately notified tbe defendant who refused to reimburse tbe plaintiff and tbe plaintiff brought suit against tbe defendant, as prior endorser, to recover tbe sum of $150.00, tbe amount of tbe draft which tbe plaintiff bad paid for tbe benefit of tbe defendant.

Tbe issue, “In what amount, if any, is tbe defendant indebted to tbe plaintiff?” was answered, “$150.00 with interest from 8 December, 1931.” His Honor charged tbe jury as follows: “If you find tbe facts to be as testified to by all tbe witnesses you will answer this issue $150.00 with interest from 8 December, 1931.” Judgment for plaintiff; exception and appeal by tbe defendant.

Hugh Brown Campbell and J. Faison Thomson for appellant.

Julian T. Gashill and Dickinson & Bland for appellee.

Bek CuRIam.

Tbe plaintiff’s production of tbe draft in tbe trial was evidence of its nonpayment by tbe drawer. It contained a waiver of protest which was binding upon all parties — a waiver of formal protest, of presentment, and dishonor. Shaw Bros. v. McNeill, 95 N. C., 535; Rasberry v. West, 205 N. C., 406.

We are of opinion that none of tbe appellant’s exceptions to tbe admission or rejection of evidence can be sustained. Upon examination of tbe whole record we find

No error.