Legal Opinion · Dissent

Becker v. Hart

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1909Published

Beargumeht of ah appeal by the defendants, Frieda Hart and another, from a judgment of. the Supreme Court in favor of the plaintiff, entered in .the office" of the clerk of the county of Queens on the 19th day of February, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 10th day of March," 1908, denying the defendants’ motion -for a new trial made rqDon-the mimit-es. . .

1Dissent

Burr, J. (dissenting):

A reargument .was ordered in this case and it devolves upon us to consider whether we erred in the decision which was previously made; (See 129 App. Div. 511.) If we did, we should welcome the opportunity to correct it. On the reargument the point is made that, the case should have been submitted to the jury upon the question whether the plaintiff became a bona fide holder of the note in suit before maturity. At the time of the trial the note was in the pos- ' session of the plaintiff. This raises a presumption that it was trans-. , ferred before maturity for a valuable…

2Cases cited7 opinions

  1. Becker v. . KochNew York Court of Appeals · 1887
  2. Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
  3. Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
  4. Hankinson v. . VantineNew York Court of Appeals · 1897
  5. Gordon v. . AshleyNew York Court of Appeals · 1908

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