Opinion
Argued May 23, 1945
Decided July 19, 1945
Appeal from the Supreme Court, Appellate Division, Second Department, MILLARD, S.
Edward Garfield and Robert H. Wrubel for appellant.
Timothy A. McCarthy and George L. Kettner for respondents.
Order affirmed, with costs. The presumption of consideration created by section 50 of the Negotiable Instruments Law, and the contrary affirmative evidence of no consideration, made out a question of fact as to whether or not there had been such consideration for the note in question. We pass upon no other questions. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and DYE, JJ. Taking no part: THACHER, J.