Metropolitan Life Insurance v. Whitaker

Order unanimously reversed and judgment of City Court reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum: The plaintiff having established through the testimony of the defendant that the promissory note dated December 13, 1961, upon which this action was brought was signed by defendant as maker, and it appearing on the face of the note that it is a negotiable promissory note (Negotiable Instruments Law; §§ 320, 20, 21, 50) made payable to the plaintiff, “ There then arose the presumption that the claimant was the owner of the note and that it was…