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Miller v. Hartman

65 N.Y.S. 1141 Court N.Y. App. Term Decision date 1900-06-13 English

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p. 1141
MILLER, Respondent, v. HARTMAN, Appellant.
(Supreme Court, Appellate Term.
June 13, 1900.)

Headnote

Action by Lewis A. Miller against William Hartman. From a judgment in favor of plaintiff, defendant appeals. Reversed. Herbert F. Andrews, for appellant. Joseph M. Williams, for respondent.

There is no evidence that at the time of the making of the check the defendant did not have sufficient funds on deposit in the bank upon which it was drawn. The judgment must therefore be reversed.' Judgment reversed, and new trial ordered, with costs to appellant to abide the event.