This is a suit by the holder of a draft against the acceptors. The defence and call in warranty have failed for want of proof. This is evidently an appeal for delay, and as the appellee has, in his answer, prayed damages for frivolous appeal, the same must be allowed.
Judgment affirmed, with costs of appeal, and the sum of one hundred and sixty-eight dollars for frivolous appeal.
Labaove and Hoayeed, J. J., absent.