Opinion
Argued January 11, 1909
Decided January 26, 1909
E.W. Cregg, F.J. Cregg and E.N. Wells for appellants.
Lorenzo D. Tyler for respondent.
Judgment affirmed, with costs, on the ground that there is some evidence of non-payment, the question of the burden of proof as to payment not being passed upon; no opinion.
Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER and HISCOCK, JJ.