Raubitschek v. . Blank
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 12 J. & S., 564.) This action was upon a check drawn by defendant, payable to one George Herdfelder, and by him indorsed and delivered to plaintiff; the defense was that the check was given Avithout consideration, and that plaintiff took it after presentment and dishonor, and Avith knowledge.
Read the full summary
Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 12 J. & S., 564.) This action was upon a check drawn by defendant, payable to one George Herdfelder, and by him indorsed and delivered to plaintiff; the defense was that the check was given Avithout consideration, and that plaintiff took it after presentment and dishonor, and Avith knowledge. The evidence was to the effect that on October 16, 1872, the date of the check, defendant and Herdfelder agreed, orally, to…
1Opinion of the CourtMiller, J.
The check upon which this action is brought is valid upon its face, and the allegation of the defendant. that it is without consideration must be affirmatively established in order to sustain such a defense. The check was made by the defendant in pursuance of an agreement entered into between the defendant and one Herdfelder, for the sale and exchange of certain real estate owned by the parties respectively. The terms were agreed upon verbally, and a contract was to be drawn up and executed accordingly. The check imports a consideration, and the burden of showing that there was none rests…
2Cases cited3 opinions
- Wright v. . WeeksNew York Court of Appeals · 1862
- Comstock v. . HierNew York Court of Appeals · 1878
- Davis v. ShieldsNew York Supreme Court · 1841
3Cited by29 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Searles v. GonzalezCalifornia Supreme Court · 1923
- Ideal Structures Corporation v. Levine Huntsville Development CorporationCourt of Appeals for the Fifth Circuit · 1968
- St. L., I. M. & S. Railway Co. v. BeidlerSupreme Court of Arkansas · 1885
- Stees v. BergmeierSupreme Court of Minnesota · 1904
24 more not listed; retrieve them via the Exa API.