Citizens' State Bank v. Cowles
New York Supreme Court
Motion for a new trial on the minutes, a verdict having been directed for the plaintiff on its motion. The defendant did not move for a direction of a verdict. Action by the holder of a bank check against the drawer. The check was given on June 1st, 1900, to the order of the payees, a copartnership.
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Motion for a new trial on the minutes, a verdict having been directed for the plaintiff on its motion. The defendant did not move for a direction of a verdict. Action by the holder of a bank check against the drawer. The check was given on June 1st, 1900, to the order of the payees, a copartnership. It was endorsed and transferred by the payees to another, and by him endorsed and transferred to the plaintiff on June 8th, 1900. The plaintiff presented it for payment to the bank upon which it was drawn on June 14th, 1900, and payment was refused, having been stopped on June 4th by the drawer,…
1Opinion of the Court
Gaynor, J.:
The plaintiff made out a prima facie case by putting in evidence the check and the notary’s certificate of its presentation for payment, and of demand and refusal, and rested. This sufficed, for the presumption of law is that the transferee of negotiable paper became a holder in due course, and in an action to recover thereon the burden is on the defendant to prove the contrary. The negotiable quality of commercial paper rests chiefly on this rule, and every one may rely upon it implicitly. Such burden never shifts, unless the defendant proves that the negotiable instrument was…
2Cases cited18 opinions
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Bull v. Bank of KassonSupreme Court of the United States · 1887
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
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3Cited by1 opinion
- Crick v. HSBC Bank USACivil Court of the City of New York · 2004