O'KEEFE v. MAHONEY

(First Circuit—Hamilton Co., O., Circ’t Court Jan. Term, 1899.) Before King, Haynes and Parker, JJ. [of the Sixth Circuit, sitting in the F¿rst Circuit.! O’KEEFE v. MAHONEY. Preference — Taking note and mortgage for money owing — Bight to recover on note not affected by fact of knowledge that it will work preference as to other creditors — Error to the Court of Common Pleas of Hamilton county. £ C. B. Matthews, for Plaintiff in Error. C. W. Baker, contra. [MAJORITY — HAYNES, J.] HAYNES, J. In-this case the judgment of the court of common pleas will be affirmed. Conceding that there' was a good consideration for which the note was given, we are unable to see any error in the charge of the court. The real issue in the cáse was whether the note was given for a good consideration, to-wit, for moneys owing from the maker of the note to her; and we think that her right to recover on the note cannot be affected, even if she knew the effect of taking the note and the mortgage to secure the same would be to take property that would have gone to other creditors if she had not secured or enforced her claim.