Felt v. Olson

*979OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Especially since here the maker and the payee were already deceased at the time of the trial (see Schechter v Klanfer, 28 NY2d 228), on the record made here whether the notes were signed by Conrad Olson, whether he received consideration for their execution and delivery, and whether they had been paid were questions of fact.

So too was it for the Judge at nisi prius, as the trier of the facts in this non jury case, to decide what weight, if any, was to be accorded to the opinion expressed by…