December 21, 1944.
Appeal from the Municipal Court of the City of New York, Borough of the Bronx, DELAGI, J.
Joseph J. Kozinn for appellant.
Jacob E. Heller for respondents.
Assuming that respondent Lieb may be deemed to have signed the note on its face otherwise than as a maker, within the meaning of section 113 of the Negotiable Instruments Law, that provision of the statute does not conclusively establish that he is in fact an indorser; and it was error to exclude evidence to show he was a comaker.
The judgment should be reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.
HAMMER, SHIENTAG and HECHT, JJ., concur.
Judgment reversed, etc.