Opinion
June, 1933.
Present — Lazansky, P.J., Young, Scudder, Tompkins and Davis, JJ.
Plaintiff's exceptions overruled and judgment unanimously affirmed, with costs. The finding that the plaintiff actually credited the disputed checks on an earlier indebtedness is not inconsistent with the finding that the checks were delivered to and received by the plaintiff for the purpose of being credited on the East Thirty-fifth street jobs and the account sued for in this action. The plaintiff may not profit by an unauthorized application of the checks on an earlier account.