Spiro v. Maiman

SCOTT, P. J.

There is abundant evidence that plaintiff never accepted the $200 note which was left with him. He took it, believing it to have been properly indorsed, and, as soon as he found that it was not, he objected that it was not what he had agreed to take. Of course, he is bound to return it on demand, but no demand has been made.

The judgment should be affirmed, with costs.

DUGRO, J., concurs.