Lake v. Tysen
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the second district, where a judgment in favor of the plaintiff,-entered on the report of a referee, had been affirmed. This was an action upon a promissory note, dated the 5tK December 1845, whereby David J. Tysen, the defendant, promised to pay to the order of James S. Lake, the plaintiff, the sum of seventy-five dollars, on demand.
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Appeal from the general term of the Supreme Court, in the second district, where a judgment in favor of the plaintiff,-entered on the report of a referee, had been affirmed. This was an action upon a promissory note, dated the 5tK December 1845, whereby David J. Tysen, the defendant, promised to pay to the order of James S. Lake, the plaintiff, the sum of seventy-five dollars, on demand. The defence was a set-off. *The action was tried before a referee, who f ^ allowed the defendant $14.33 by way of set-off, ^ and deducted that amount from the amount of the note and interest, leaving a…
1Opinion of the CourtWelles, J.
(after stating the facts.) — The giving of a promissory note is primd facie evidence of an accounting and ■ settlement of all demands between the parties, and that the maker was indebted to the payee upon such settlement, to the amount of the note. (2 Starkie’s Ev., Phil. ed. of 1834, p. 182; Defreest v. Bloomingdale, 5 Denio 304.) The presumption is only prima Jade, and is * 4631 explained; *but, until explained, it -* is to be taken as true, and affords sufficient evidence of the maker’s indebtedness in that amount.
In the present case, the promise to pay for one-half of the horse was long…
2Cases cited4 opinions
- De Freest v. BloomingdaleNew York Supreme Court · 1848
- Dutcher v. PorterNew York Supreme Court · 1871
- Treadwell's v. AbramsNew York Supreme Court · 1857
- Fairchild v. DennisonSupreme Court of Pennsylvania · 1835
3Cited by26 opinions
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- Brock v. BarnesNew York Supreme Court · 1863
- Sheldon v. . SheldonNew York Court of Appeals · 1892
- Long v. StrausIndiana Supreme Court · 1890
- Campbell Printing Press & Manuf'g Co. v. YorkstonNew York Court of Common Pleas · 1895
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