#### Timothy Brinkley, Appellant, v. Reuben Going, Appellee.

APPEAL FROM GALLATIN.

The payee and holder of any negotiable note, with an assignment thereon to a third person, can, without a reassignment, maintain an action in his own name, (a)

The facts in this case are the same in 'all respects as those in the case of T. and W. Brinkley v. Going, supra.

(a)

Ante, p. 366.

Opinion of the Court by

Chief Justice Wilson.

The single point presented in this case, is, whether the payee and *368holder of a negotiable note, with an assignment thereon to a third person, can, without a reassignment, maintain an action in his own name. The case of Brinkley v. Going, decided at the present terpa, is in every respect analogous to this one.. There it was decided that the payee could maintain the action in his own name. In conformity to that decision, the judgment of the court below must be affirmed.

Eddy, for appellant.

Gatewood, for appellee.

Judgment affirmed.