
    The Skinner Engine Co., Respondent, v. The Old Staten Island Dyeing Establishment, Appellant.
    (City Court of New York—General Term,
    April, 1894.)
    A transferee of a promissory note who accepts the same, before maturity, in full payment of an antecedent debt, is a bona fide holder for value, and the note in his hands is not subject to any defenses or claims which the maker might have against the payee.
    Where the evidence is unimpeached and not contradicted, it is the duty of the trial justice to direct a verdict.
    Appeal from judgment in favor of the plaintiff, entered upon a verdict directed by the court.
    
      Ewing, Whitman & Ewing, for respondent.
    
      Burrill, Zabriskie & Burrill, for appellant.
   McCarthy, J.

We have examined very carefully the authorities cited by the appellant and think that many of the distinctions drawn are too fine and not borne out by the evidence in this case.

The evidence is clear and sufficient that the plaintiff accepted this note in suit in full and complete discharge of the antecedent debt and thus became a bona fide holder for value before maturity.

This being so, cut off any defenses or claims which the defendant might have against Barnhurst unless evidence of knowledge or notice thereof to plaintiff is shown.

This has not been done, and where the evidence is unimpeached and not contradicted it is the duty of the trial justice to direct a verdict for the plaintiff.

These facts in our opinion appear in this case, and finding no error in the rulings judgment must be affirmed, with costs.

Newburger and Conlan, JJ., concur.

Judgment affirmed, with costs.  