Potter v. Chadsey
New York Supreme Court
Appeal from an order granting a new trial. This. action was by Caleb H. Potter against Demetrius M. Chadsey, James E. Craig, and James H. Leeds, upon a promissory note of $3,000, made by Chadsey, and indorsed by Craig and Leeds separately.
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Appeal from an order granting a new trial. This. action was by Caleb H. Potter against Demetrius M. Chadsey, James E. Craig, and James H. Leeds, upon a promissory note of $3,000, made by Chadsey, and indorsed by Craig and Leeds separately. The defendants answered separately: Chadsey denied all the allegations in the complaint except the making of the note, and set up usury as a .defence; Craig set up usury, and denied any transfer of the note by himself, and denied that the plaintiff was a bona-fide holder of the note; Leeds put in a general denial. The case was tried before Mr. Justice…
1Opinion of the CourtMason, J.
cannot but think that the plaintiff was entitled to the requests which he submitted to the jury. As I-understand the second request to charge, whatever may be said of the first, it was nothing more or less than a request to state the strictly legal proposition to the jury, that the holder of a negotiable promissory note, who produces it upon the trial, is presumed in law a bona-fide holder, and that in such cases the onus is on the defendants to show that the plaintiff is not a bona-fide holder. This the judge shoxild have chai-ged. (1 Den., 367; 3 Johns. Cas., 5, 259; 6 Hill, 338; 8 Wend.,…
2Cases cited14 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Vallett v. ParkerNew York Supreme Court · 1831
- Stearns v. MarshNew York Supreme Court · 1847
- Wilson v. . LittleNew York Court of Appeals · 1849
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3Cited by1 opinion
- Martin v. Variety Manufacturing Co.New York Marine Court · 1881