Dowling v. . Hastings
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 10, 1912, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The presumption of payment was established by the circumstances attending the payment to the bank and the conduct of the plaintiff subsequent thereto.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 10, 1912, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The presumption of payment was established by the circumstances attending the payment to the bank and the conduct of the plaintiff subsequent thereto. Such presumption of payment may be established by the circumstances although the full period of the Statute of Limitation has not run.…
1Opinion of the CourtCuddeback, J.
The plaintiff brings this action upon a judgment recovered by the First 27ational Bank of Staten Island against the defendants for the sum of $4,559.34 on March 16, 1896, and alleged to be unpaid. The judgment was assigned to the plaintiff on March 14, 1911. Alice M. Hastings was the only defendant who appeared, and she set up the defense that the judgment had been paid.
The first question that arises is: Was the plaintiff compelled to prove non-payment of the judgment, or did the burden of proving payment rest upon the defendant ? A judgment is an obligation for the payment of money…
2Cases cited4 opinions
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Macaulay v. PalmerNew York Court of Appeals · 1891
- Anglo-American Provision Co. v. Davis Provision Co.New York Court of Appeals · 1902
3Cited by26 opinions
- Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
- Belmar Trucking Corp. v. American Trust Co.Civil Court of the City of New York · 1970
- Priscilla S. v. Albert B.New York City Family Court · 1980
- Wilson v. ElseSupreme Court of Iowa · 1927
- Lowenstein v. ReikesCourt of Appeals for the Second Circuit · 1932
21 more not listed; retrieve them via the Exa API.