Maslow v. Ageloff
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, entered in the City Court of the city of New York after a trial before the court and a jury, and also from an order denying the defendant’s motion to set aside the verdict and for a new trial.
1Opinion of the CourtLehman, J.
The plaintiff has recovered judgment upon a check made by the defendant to the order of the plaintiff and delivered on April 4, 1910. The defendant set up the Statute of Limitations and one of the ■ principal issues litigated was whether the defendant had paid interest upon the check within six years of the time that the action was begun. At the close of the trial the defendant requested the trial justice to charge that the burden of proof is upon the plaintiff to show that the defendant made a payment to take it out of the Statute of Limitations. The trial justice refused this request and…
2Cases cited2 opinions
- Mason v. . HenryNew York Court of Appeals · 1897
- Reilly v. SabaterNew York Supreme Court · 1896
3Cited by1 opinion
- Dougherty v. Equitable Life Assurance Society of the United StatesNew York Supreme Court · 1932