Kramer v. . Kramer
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1904, which reversed a judgment in favor of defendant entered upon a verdict directed by the court and an order" denying a motion for a new trial and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1904, which reversed a judgment in favor of defendant entered upon a verdict directed by the court and an order" denying a motion for a new trial and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. In an action upon a negotiable instrument, as in all other actions, the burden of proving a consideration remains at all stages of the case with the plaintiff. A negotiable instrument imports consideration, but when…
1Opinion of the CourtO’Bbien, J.
This was an action on a promissory note of twelve thousand dollars, dated at Boston on the first of April, 1901. It is signed by the defendant. The body of the instrument is not in the usual form but the promise is expressed in these words: “ After date I or my estate promise to pay to the order of Gertrude Short Kramer twelve thousand dollars at 6% interest from date at 474 Commonwealth Avenue, Boston, Mass. Value received. $12,000. Mo. 1 Due.” The defense to this note was want of consideration. It seems to me that it may be safely said that no one contends that the note was given for any…
2Cases cited2 opinions
- Strickland v. . HenryNew York Court of Appeals · 1903
- Kramer v. KramerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by11 opinions
- Dougherty v. . SaltNew York Court of Appeals · 1919
- Berge v. FredericksNevada Supreme Court · 1979
- Kennedy v. HeymanAppellate Division of the Supreme Court of the State of New York · 1918
- Gagnon v. Baden-Lick Sulphur Springs Co.Indiana Court of Appeals · 1914
- In re the Estate of HeaneyNew York Surrogate's Court · 1930
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