Opinion
December 29, 1937.
Appeal from Rensselaer County Court.
Present — Hill, P.J., McNamee, Crapser, Bliss and Heffernan, JJ.
The evidence of a disinterested witness concerning the payment of a sum of money by the defendant Thomas M. Sheehan to testatrix on August 1, 1936 (the note is dated November 2, 1935), and the conversation in relation thereto, sustains the findings of payment. It is further sustained by the fact that the decedent lived for several months after the note became due and there is no evidence that payment was demanded. Judgment unanimously affirmed, with costs.