Wright testified: I received for collection.a note in favor of Schofield & Bro.; did not receive it from Schofield, never had any dealings at all with Schofield; note ivas sent me from Dun’s mercantile agency. Mathews and Andrews paid me $40 with instruction to hold it up unless it Avould settle the note in full. I kept the money on instructions from MatheAvs. I am ready to pay it over when I am directed as to Iaoav and to whom to pay it. I sued the note in justice’s court, and con-tin ued for settlement. The suit is still pending. After I had the $40, Dun’s agent came to see me, and I offered him the $40 as MatheAvs had directed me, and he positively refused to accept it in full settlement of the claim. I had no authority to pay over the money only in full settlement, as I had accepted it from MatheAvs under that promise. The man told me he came to see about it, and came to receive payment ouly in full for the note.Andrews testified: I never had any understanding with Wright about money paid on Schofield note. It was sued in justice’s court. I do not know what was done with the note or money.M. G. Bayne, for plaintiff' in error.Steed & Wimberly, contra.