delivered the opinion of the court.

The defendant is sued, as endorser of a promissory note, and the proof of demand and notice, has been made out by plaintiff. We are asked to give damages as on a frivolous appeal. The appellee is, in our opinion, entitled to them.

It is, therefore, ordered, adjudged' and decreed, that the judgment of the court below, be affirmed, with costs, and ten per cent, damages on the amount of the note sued on.