
    DOWLING, Respondent, v. HASTINGS, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    November 27, 1912.)
    Action by William J. Dowling against Alice M. Hastings.
   PER CURIAM.

Judgment and order affirmed, with costs.

BURR, J.,

dissents, upon the ground that, whether Dowling paid the judgment as agent of Brown or was a mere volunteer, the debt was extinguished by payment. In the absence of evidence whether the bank received the money in payment or for purchase, the presumption would be that it was for payment. There is nothing to overcome that presumption.  