Order reversed, on the law, without costs, and proceeding remitted to Special Term, for a new hearing and a new determination, in accordance with the views herein set forth.
The questions of fact have not been considered on this appeal. Special Term erred in basing the denial of appellant's motions on its finding that he should be held responsible for the overdraft. That was not the issue here. The question which must be resolved at the hearing is whether appellant...
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