
    Mechanics Bank and Trust Company, Respondent, v. William D. Stratton et al., Defendants, and Edmund K. Stallo, Appellant.
    
      Mechanics Bank & Trust Co. v. Stratton, 162 App. Div. 704, affirmed.
    (Argued March 22, 1917;
    decided April 24, 1917.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 27, 1914, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action upon eight promissory notes of the aggregate amount of $20,000, executed October 31; 1907, jointly by the defendants Stratton and Stallo and one Alexander McDonald' in favor of the defendant Robinson and indorsed by Robinson to the plaintiff. These notes were given in renewal of an original series of notes of the same amount which had been discounted for Robinson by the Mechanics National Bank in Knoxville, Tenn., shortly after they were made. On August 23, 1907, the plaintiff,, the Mechanics Bank and Trust Company, was organized and acquired all the assets of the Mechanics National Bank, including these original notes. The defense was that the notes in suit were paid by the defendant Stallo to Robinson as an officer of the plaintiff bank and that Robinson had authority to and did receive payment of the notes as the representative of the plaintiff.
    
      Nash Rockwood for appellant.
    
      Louis F. Doyle for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscook, Oh. J., Chase, Collin, Hogan, Cardozo and Crane, JJ. Not sitting: McLaughlin, J.  