Opinion
March 28, 1950.
Present — Peck, P.J., Glennon, Dore, Cohn and Van Voorhis, JJ.
We do not think that the evidence sustains the claim of a loan to the defendant apart from the $1,250 item upon which $70 was paid, leaving a balance of $1,180. Judgment unanimously modified by reducing the recovery to $1,180 with interest and costs and, as so modified, affirmed, without costs of this appeal. Settle order on notice.