PER CURIAM.
The holder of a note in due course is not bound by a payment made to a prior holder after the transfer of the note. Such a payment is made at the peril of the one making it. ( Carr v. Lewis, 20 N.Y. 138; First National Bank of Bridgeport v. Blackman, 249 id. 322.)
Judgment reversed, with thirty dollars costs, and judgment directed for the plaintiff for the amount claimed in the summons.
All concur; present, LYDON, HAMMER and FRANKENTHALER, JJ.