Where the holder of a check presents it at the bank at which it is payable, receives the money, and surrenders the paper, the transaction is completed and cannot be rescinded except for fraud or mutual mistake (Oddie v. National City Bank, 45 N. Y. 735; Bankers Trust Co. v. Wells, 215 App. Div. 343).
The judgment and order should be reversed, with $10 costs, and motion denied.
Aurelio and Tilzer, JJ., concur; Hofstadter, J., concurs in result.
Judgment and order reversed, etc.