Opinion
June, 1907.
The plaintiff was entitled to judgment for the amount for which a check had been given to him, viz., for $353.15, for no accord and satisfaction was made out. The judgment of the Municipal Court is, therefore, reversed and a new trial ordered, costs to abide the event. Hirschberg, P.J., Woodward, Jenks, Gaynor and Miller, JJ., concurred.