Opinion
Argued June 3, 1927
Decided June 21, 1927
Appeal from the Supreme Court, Appellate Division, Second Department.
Joseph J. Cunningham for appellant.
Thomas T. Reilley, Albert J. Rifkind and Sidney Fertig for respondents.
Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the ground that the check for $750 was delivered as conditional, not as absolute payment.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.