delivered tbe opinion of the court.

The instrument upon which this suit is founded is a promissory note “for property,” within the meaning of the 2d section of the act concerning bonds and notes, Revised Code 190, and.is assignable under that section, so that the assignee may maintain an action thereon in his own name.

The court below erred in sustaining the motion to dismiss the suit, and its judgment is reversed and the c&use remanded.