Hirt v. Vincent — 58 N.Y. St. Rep. 36

Majority

p. 36

August T. Hirt et. al., Resp’ts, v. Passie H. Vincent, Impleaded, etc., App’lt.

(New York City Court, General Term,

Filed February 8,1894.)

Headnote

Bills and Notes—Bona Fide holder.

A party who discharges a lien on real estate in consideration of a note thereby becomes a bona fide holder thereof.

Appeal by defendant from judgment entered on verdict of jury in favor of the plaintiff.

Johnston & Johnston, for app’lt; J. P. Campbell, for resp’ts.

The plaintiff discharged a lien which he had on certain real estate in consideration of the note in suit, and thereby became a bona fide holder of said note, and there was no defense to the same in his hands. The proofs as to the diligence in serving the notice of protest went to the jury, who found for the plaintiff on evidence satisfactorily sustaining the conclusion reached.

There is no merit in the appeal, and the judgment must be affirmed, with costs.

All concur.