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OpenJurist

7 Misc. 237

Hirt v. Vincent

City of New York Municipal Court

Decided February 15, 1894

City of New York Municipal Court · decided 1894-02-15

<p>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.</p>

Decided 1894-02-15

Ehrlich, Ch. J.

¶1The 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.

¶2The 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.

¶3There is no merit in the appeal, and the judgment must be affirmed, with costs.

¶4Van Wyck and Fitzsimons, JJ., concur.

¶5Judgment affirmed, with costs.

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