If there was any error committed by the court below, it is one of practice and of so slight importance and consequence that we are unwilling to remand the case for a new trial. No possible injury could have been sustained by the defendants in the matter complained of. It would have been more regular if the witness had been asked such questions as were calculated to show that *419be bad endorsed tbe note, tbe circumstances attending tbe endorsement, i. <?., that be bad endorsed it at tbe request of tbe defendants and for tbeir benefit, and bis payment of it by tbe judgment of tbe law. Tbe note could then have been proved and received as evidence of tbe endorsement and in corroboration of tbe witness. Tbis is, however, not tbe defendant’s appeal, and tbe plaintiff, of course, bad nothing to appeal from as to tbe manner of tbe introduction of the evidence because bis Honor admitted it. Tbe plaintiff’s appeal is from the judgment of non-suit taken in deference to tbe intimation of bis Honor that tbe plaintiff could not recover upon tbe testimony as received. So tbe real question in tbe case is, does tbe testimony offered and received, conceding it to be true, constitute a cause of action against tbe defendants and render them liable to tbe plaintiff as alleged in tbe complaint? We are of tbe opinion that tbe matters contained in tbe evidence, if true, make tbe defendants liable to tbe plaintiff on the cause of action set out in tbe complaint. Tbe note, though executed by other persons tüan tbe defendants, was, according to tbe evidence, made for tbe benefit and advantage of tbe defendants; it was endorsed by tbe plaintiff at tbe express request of tbe defendants.
Tbe maker of tbe note bad no interest in it at any time and received no consideration for it. Of course, tbe fact that tbe makers received no consideration would not affect tbeir liability to tbe payee, but it turned out that they were insolvent and tbe debt fell upon tbe plaintiff, who paid it after judgment was recovered against him for tbe amount. Tbe testimony, if true, showed tbe payment by tbe plaintiff was for tbe use and benefit of tbe defendants under such circumstances as that tbe law will imply a promise to repay on tbe part of tbe defendants. Burns v. Parish, 3 B. Mon. (Ky.), p. 3. Tbe judgment of non-suit is reversed and there must be a new trial. New Trial.