
    Lewis A. Miller, Respondent, v. William Hartman, Appellant.
    Appeal from a judgment of the Municipal Court of the city of Kew York, third district, borough of Manhattan.
    Herbert F. Andrews, for appellant.
    Joseph M. Williams, for respondent.
   Per CuHam.

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 mnst, therefore, be reversed.

Present: Beekmah, P. J., Giegebich and O’Gobmah, JJ. •

Judgment reversed and new trial ordered, with costs to appellant to abide event.  