Opinion
December, 1924.
Judgment reversed upon the law and the facts, and a new trial granted, costs to abide the event. The court was correct in holding that the plaintiffs failed to make out a cause of action upon the post-dated check. The evidence, however, was sufficient to require submission of the case to the jury as to the other check. Kelly, P.J., Rich, Jaycox, Manning and Young, JJ., concur.