Pacific Management Corp. v. Toumaniantz

The payment by plaintiff Pacific Management Corp. of $2,000 to defendant by cheek on July 2, 1956 is admitted by defendant; and in the light of the undisputed proof that there was then no existing debt owing by plaintiff to defendant, there is a prima facie showing that the cheek was for a loan of money. (City Bank Farmers Trust Co. v. Roosen, 251 App. Div. 437.) But defendant denies the check was given as a loan of money to him, and his affidavit states that plaintiff’s cheek was delivered to him as part of an agreement between himself and Jacob Freidus for the payment of profits in Caprice…