Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. The findings of fact have been examined and affirmed. Memorandum: We think that the rule laid down in Pain v. Packard (13 Johns. 174) has been changed by sections 3 and 55 of the Negotiable Instruments Law. See, also, National Citizens Bank v. Toplitz ( 81 App. Div. 593, affd. on other grounds, 178 N.Y. 164); Riehl v. Austin ( 155 App. Div. 207; new trial 163 App. Div. 856, affd. 221 N.Y. 527); First Nat. Bank v. Wood ( 71 N.Y. 405); Blanchard v. Blanchard ( 201 N.Y. 134, 139). All concur. (The judgment dismisses plaintiff's complaint in an action on a promissory note.)