New York Court of Common Pleas June 15, 1867 (Boyleston v. Kerr)

Daly, F. J.

We cannot say that the justice erred. The act for which the plaintiff was arrested was not a criminal offense. He was supplied with certain articles of food at the defendant’s eating saloon, and received a check indicating the *222amount to be paid at the bar, which check, it was alleged, he kept, and substituted in its place one which he had in his possession for a much smaller