
    Solomon Insky, Respondent, v. Benjamin Machat, Appellant.
    Appeal from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, fifth district, borough of Manhattan.
    M. M. Greenstein, for appellant.
    E. Rosenthal, for respondent.
   Per Curiam.

The infirmity in the trial, whereof this judgment is the result, is that there is no proof that defendant ever satisfied the, debt, after having reached majority. The only evidence is that he made a promise to one Schwartz in the summer of 1900. The defendant was born June 5, 1879, so the promise may have been made prior to June 5, 1900.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

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