| N.Y. App. Div. | Mar 3, 1943
Crapser, Bliss, Heffernan and Sehenck, JJ., concur; Hill, P. J., dissents, upon the authority of Phelps v. McQuade (220 N.Y. 232" date_filed="1917-02-27" court="NY" case_name="Phelps v. . McQuade">220 N. Y. 232, 235). The plaintiffs were deceived as to the identity of the person with whom they dealt and to whom title to the automobiles passed. No checks were given as the documents were each postdated. (Lesser v. People, 73 N.Y. 78" date_filed="1878-03-19" court="NY" case_name="Lesser v. . People">73 N. Y. 78, 80.)