
    FREDERICK A. POTTS, Plaintiff and Respondent, v. ISAAC MAYER, Impleaded, &c., Defendant and Appellant.
    
      Decided June 25, 1877.
    Before Sedgwick, Speir and Freedman, JJ.
    The action was brought against Elkin Hyman and Isaac Mayer as members of the firm of Hyman & Mayer, upon a promissory note for $1,571.34, made by them to their own order and indorsed to defendant Kohn, who before its maturity indorsed and delivered it to the plaintiff. It appeared on the trial that the note was given to Hyman for a debt which Mayer owed him. Hyman transferred it to Kohn in consideration of $1,200, paid by Kohn for Hyman’s account. Plaintiff received the note from Kohn and gave him credit therefor as so much cash. , The note was protested at maturity for non-payment, and plaintiff took it up with his own check and charged it back to Kohn, who paid plaintiff nothing on account of the note.
    The court directed a verdict for the plaintiff; from the judgment entered on which, defendant, Mayer, appealed.
    
      George N. Carpenter, for appellant.
    
      Richard S. Newcomb, for respondent.
   Speir, J.,

wrote for affirmance with costs.

Sedgwick and Freedman, JJ., concurred.  