Judgment affirmed, with costs.
Plaintiff's evidence was to the effect that it delivered checks to defendant and that there had never been an indebtedness from plaintiff to defendant. Although the normal presumption arising from the delivery of a check is that it was delivered in payment of a debt, proof that no such debt existed creates the alternative presumption that the check was intended to operate as a loan (Nay v. Curley, 113 N.Y. 575; Shea v. McKeon...
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