The instrument gave sufficient notice of postdating to prevent the issuing corporate officer from being found guilty of fraud. In People v Kubitz ( 37 Misc.2d 453), a check dated October 10, 1962 but delivered on October 9, 1962 was found to be postdated and the defendant was found not guilty of issuing a bad check. In most of the cases cited above the requirement that the payee of the check must have at least implied notice of the fact that the check is dated later than the date of delivery is taken from the facts and not explicitly mentioned by the court.