Grabosski v. Gewerz
New York Court of Common Pleas
Appeal from third district court. Action by Max Grabosski against Lewis Gewerz. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBisohoff, J.
The note in suit was payable “to the order” of Bakers’ Union No. 31 of New York; therefore, negotiable. 4 Lawson, Rights, Rem. & Pr. p. 2586, § 1455; 1 Pars. Notes & B. p. 13 et seq. And it imported a consideration. Turnpike Road v. Hurtin, 9 Johns. 217; Kinsman v. Birdsall, 2 E. D. Smith, 395. The defenses were limited to want of consideration and procurement of the note by duress, neither of which disputed the making and delivery of the note; and, before the burden of establishing the fact of consideration by a preponderance of the evidence could be imposed upon the plaintiff,—Bruyn v.…
2Cases cited4 opinions
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Doubleday v. . KressNew York Court of Appeals · 1872
- Bruyn v. RussellNew York Supreme Court · 1891
3Cited by2 opinions
- Brown v. TausickCity of New York Municipal Court · 1892
- Howland v. BatesNew York Court of Common Pleas · 1893