Majority
p. 910Charles Napoleon Dougherty, an Infant, by Susan M. Teves, His Guardian ad Litem, Appellant, v. Emma L. Salt, as Executrix, etc., of Hellena M. Dougherty, Deceased, Respondent.
Judgment reversed and verdict reinstated, with costs, upon the ground that the note itself in evidence shows a consideration. Jenks, P. J., Thomas, Rich and Blackmar, JJ., concurred; Putnam, J., dissented on the ground that the note, given to an eight-year-old child, with the accompanying testimony, negatives any legal consideration, and the circumstances displace the ordinary presumption from the formula “ for value received.”