Bruyn v. Russell
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Elizabeth B. Bruyn against Benjamin Bussell and James B. ICeeler, executors, etc., of Jacob De Witt, deceased, on a promissory note. Verdict and judgment for plaintiff for $5,445, and defendants appeal, as well
1Opinion of the CourtLandost, J.
The plaintiff produced the promissory note. It contains the words, “for value received.” In the absence of any further testimony, the presumption existed that the note was given upon sufficient consideration. Raubitschek v. Blank, 80 N. Y. 478; Underhill v. Phillips, 10 Hun, 591; Foote v. Valentine, 48 Hun, 475, 1 N. Y. Supp. 410. This presumption would prevail until overcome by evidence sufficient to convince the jury that no valid consideration existed. If the plaintiff had rested, her case upon the presumption of consideration which the note itself imports, then the burden would have been…
Also in this document: Concurrence.
2Cases cited5 opinions
- Church v. . HowardNew York Court of Appeals · 1880
- Raubitschek v. . BlankNew York Court of Appeals · 1880
- Peck v. . CallaghanNew York Court of Appeals · 1884
- Foote v. ValentineNew York Supreme Court · 1888
- Potter v. GreeneNew York Supreme Court · 1889
3Cited by10 opinions
- Dougherty v. . SaltNew York Court of Appeals · 1919
- E. U. Hugumin & Co. v. HindsMissouri Court of Appeals · 1902
- In re the Judicial Settlement of the Estate of PinkertonNew York Surrogate's Court · 1906
- Breese v. GravesAppellate Division of the Supreme Court of the State of New York · 1901
- Shaw v. BryantNew York Supreme Court · 1895
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