Opinion
March 29, 1948.
Present — Peck, P.J., Dore, Callahan, Van Voorhis and Shientag, JJ. [See post, p. 996.]
On the facts disclosed in this record we hold that the check was given and received in part payment of the purchase price of the merchandise at the time the check was delivered by defendant's president and the finding of the trial court to the contrary is reversed (see Ablett Co. v. Sencer, 130 Misc. 416, 418). Judgment unanimously affirmed, with costs. Settle order on notice.