Kushner v. Knopf

Opinion of the Court by-

Commissioner Hobson—

Reversing.

David Kushner brought this suit against Peter C. Knopf to recover on three notes, each for $500.00, executed to him by Knopf. Knopf by his answer pleaded, in substance, that Kushner had made a. contract with him and George Jawney, by which he agreed, for certain considerations, to release Knopf and to look to Jawney for the payment of the notes and that Jawney had paid the notes. Kushner by his reply denied making the agree ment alleged by Knopf and denied that tbe notes were-paid. Tbe case came on for trial. The court ruled the burden of…