
    The Western National Bank of the City of New York, Respondent, v. William W. Flanagan, Appellant.
    (City Court of New York—General Term,
    February, 1895.)
    Where it appears that the note sued upon, although accommodation paper, was taken by plaintiff in the regular course of business, and there is no evidence of a diversion, a refusal to direct a verdict in defendants favor is proper.
    Appeal from judgment in favor- of the plaintiff, entered on verdict directed by the court.
    
      Wise <& Fla/nagan, for appellant.
    
      Charles F. 'MaeLean, for respondent.
   Newburger, J.

This is an appeal from a judgment entered on a verdict, rendered by direction of the court, in favor of plaintiff.

The defense is that the note was accommodation paper and was diverted, and that the plaintiff, at the time of maldng the same, had notice of these facts.

The record clearly shows that the bank took the note .in the regular course of business, and there was no evidence of any diversion, and, therefore, the trial justice properly denied defendant’s itiotion for a direction of a verdict in his favor.

The judgment appealed from must be affirmed, with costs.

Fitzsimons, J., concurs.

Judgment affirmed, with costs.  