Lynch v. Figge
Appellate Division of the Supreme Court of the State of New York
Appeal by defendant, Alexander H. Figge, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of April, 1921, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 16th day of April, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jaycox, J.:
In this case the plaintiff alleged a cause of action for breach of promise of marriage. The defendant, with denials, alleged a general release and although the plaintiff did not reply her attitude on the trial was that the release was obtained from her by falsely representing that it was a receipt. The defendant made certain requests that the jury be instructed as' to the burden of proof. This gives rise to the question as to the burden of proof in this case. The burden of proof, as the term is used in the controversy here, means upon whom rested the duty of furnishing a…
2Cases cited7 opinions
- Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
- Cleary v. Municipal Electric Light Co.New York Supreme Court · 1892
- Warner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Griffith v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Blair v. Utica & Mohawk Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Se-Ling Hosiery, Inc. v. MarguliesSupreme Court of Pennsylvania · 1950
- In Re Estate of RoosSuperior Court of Pennsylvania · 1982
- Travelers Insurance Co. v. Chicago Bridge & Iron Co.Court of Appeals of Texas · 1969
- In re the Estate of AmusoNew York Surrogate's Court · 1958
- Della-Posta v. New York Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1949