Hough, J.
This ease falls within the rule laid down in the First National Bank v. Marlow, et al., ante, p. 618, the instrument here sued on being similar to the one sued on in that case. As this suit is not founded on a bond, bill of exchange or promisory note, it should not have been tried at the return term against the objections of of the defendant. The judgment will be reversed and the cause remanded. The other judges concur.