
    August T. Hirt et al., Respondents, v. Passie M. Vincent, Impleaded, Appellant.
    (City Court of New York—General Term,
    February, 1894.)
    A transferee of a promissory note who, in consideration of the transfer, discharges a lien which he has on real estate is a bom fide holder of the-note, and there is no defense to it in his hands.
    Appeal by defendant from judgment entered on verdict of jury in favor of the plaintiffs.
    
      Johnston db Johnston, for appellant.
    
      J. P. Campbell, for respondents.
   Ehrlich, Ch. J.

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.

Van Wyck and Fitzsimons, JJ., concur.

Judgment affirmed, with costs.  