
    FARMERS & MERCHANTS NATIONAL BANK OF CANNON FALLS v. R. H. MIES.
    
    November 21, 1924.
    No. 24,143.
    Finding that plaintiff was holder of note in due course sustained.
    The record does not warrant interference with the controlling finding of fact.
    Action transferred to the district court for Dakota county to recover $500 on a promissory note. The case was tried before Senn, J., who ordered judgment in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.
    Affirmed.
    
      P. H. O’Keefe, for appellant.
    
      T. R. Johnson and W. H. & H. W. Gillitt, for respondent.
    
      
       Reported in 200 N. W. 748.
    
   PER CURIAM.

Action on a promissory note, plaintiff, an indorsee, claiming to be a holder in due course. The defense was want of consideration and fraud. The trial was to the court' without a jury. The decision was for plaintiff, and this appeal is from an order denying defendant a new trial.

The court found that plaintiff was a holder in due course, and there is nothing in the record justifying our interference with that finding, which of course controls the result.

Order affirmed.  