Clift v. . Moses
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the. fourth judicial department, entered upon an order made April 20, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below, 44 Hun, 312.) This action was brought by plaintiff, as survivor of the firm of C. Pardee & Co., upon four promissory notes made by the firm of Dodge & Moses, composed of defendants.
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Appeal from judgment of the General Term of the Supreme Court in the. fourth judicial department, entered upon an order made April 20, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below, 44 Hun, 312.) This action was brought by plaintiff, as survivor of the firm of C. Pardee & Co., upon four promissory notes made by the firm of Dodge & Moses, composed of defendants. Defendant Moses, who alone appeared and answered, among other things, alleged payment of the notes. The facts, so far as material, are stated in the opinion. The evidence given by the…
1Opinion of the CourtAndrews, J.
It was incumbent on the plaintiff to account for the non-production of the notes, to rebut the presumption that they had been transferred, or had been paid or discharged, which, in the absence of explanation, would arise from their non-possession by the plaintiff. It is a conceded fact that the notes were discounted by and belonged to the banking firm of O. Pardee & Co., at their date, ¡November 10, 1874, of which firm, by the death of Charles Pardee in 1878, the plaintiff became the surviving partner. The defendant Moses, of the firm of Dodge & Moses, makers of the notes, had married the…
2Cases cited6 opinions
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Grey v. . GreyNew York Court of Appeals · 1872
- Lerche v. . BrasherNew York Court of Appeals · 1887
- Pinney v. . OrthNew York Court of Appeals · 1882
- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
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3Cited by66 opinions
- Hoag v. . WrightNew York Court of Appeals · 1903
- Richardson v. . EmmettNew York Court of Appeals · 1902
- Strough v. . WilderNew York Court of Appeals · 1890
- Boyd v. . BoydNew York Court of Appeals · 1900
- In re the Estate of BabcockNew York Surrogate's Court · 1914
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