Bean v. . Tonnele
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 6,1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The burden of proof is upon the plaintiff to show that the note in controversy has, not been paid, as payment may be presumed from lapse of time.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 6,1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The burden of proof is upon the plaintiff to show that the note in controversy has, not been paid, as payment may be presumed from lapse of time. (Flag v. Ruden, 1 Bradf. 195; Jackson v. Sackett, 7 Wend. 94; Barr v. Williams, 6 Pick. 187; Oswald v. Lugh, 1 T. R. 271; 3 Starkie on Ev. 823; Cooper v.…
1Opinion of the CourtAndrews, J.
This action was commenced October 18,1880, upon a note dated May 12, 1859, for $650, payable six months after date, made by the defendant, payable to the order of one Timothy Deegan, who died in 1876. It was indorsed by the payee in blank, and the plaintiff claims to recover as indorsee. The note was made in Jersey City, where both the maker and payee resided when it was made, the plaintiff then and ever since being a resident of Hew York. The payee, Deegan, removed to the city of Hew York in or about the year 1860, and subsequently resided there till his death. The defendant continued to…
2Cases cited8 opinions
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
- Daggett v. TallmanSupreme Court of Connecticut · 1830
- Ross v. DarbySupreme Court of Virginia · 1815
- Waddell's Adm'r v. . Elmendorf's Adm'rs.New York Court of Appeals · 1854
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3Cited by44 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- House v. . CarrNew York Court of Appeals · 1906
- Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Matter of Accounting of NeilleyNew York Court of Appeals · 1884
- Central Trust Co. of New York v. Third Ave. R.Court of Appeals for the Second Circuit · 1911
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