Vacheron v. Hildebrant
New York Supreme Court
Motion by the defendant to dismiss the complaint on the merits made at the close of the evidence on both sides and reserved until after verdict, which was for the plaintiff; and motion on the minutes to set aside the verdict as against the weight of evidence. The complaint was on quantum meruit for a balance of $900 alleged to be due on the sale of 18 street sprinklers by the plaintiff to the defendant.
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Motion by the defendant to dismiss the complaint on the merits made at the close of the evidence on both sides and reserved until after verdict, which was for the plaintiff; and motion on the minutes to set aside the verdict as against the weight of evidence. The complaint was on quantum meruit for a balance of $900 alleged to be due on the sale of 18 street sprinklers by the plaintiff to the defendant. The plaintiff proved the value and agreed price to have been $1,800 and that $900 was paid on account. The defendant then put in evidence the following written instrument made and delivered by…
1Opinion of the Court
Gaynor, J.:
When a debtor gives to his creditor the note of a third person for an antecedent debt the law presumes that it was not received in satisfaction of the debt, and the burden is on the debtor to prove the contrary; but if such a note be so given simultaneously with the contracting of the debt the presumption is the other way, i. e., that, it was received in satisfaction of the debt, and the burden is on the creditor to prove the contrary (Noel v. Murray, 13 N. Y. 167; Hall v. Stevens, 116 N. Y. 201). The plaintiff recognizing that the written receipt acknowledges that the three notes…
2Cases cited5 opinions
- Noel v. . MurrayNew York Court of Appeals · 1855
- Coon v. . KnapNew York Court of Appeals · 1854
- Hall v. . StevensNew York Court of Appeals · 1889
- Read v. . Bank of AtticaNew York Court of Appeals · 1891
- Graves v. FriendThe Superior Court of New York City · 1852