Presbrey v. Public Opinion Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Public Opinion Company, from an order of the Supreme Court, made at the New York .Special Term and entered in the office of the clerk of the county of New .York on the Ith day of May, 1896, vacating an order for the examination of the plaintiff before trial theretofore granted in the action. Th¿ action was brought to recover upon a promissory note alleged to have been made by the defendant payable to the plaintiff.
1Opinion of the Court
Per Curiam :
In this case we think it clear that the plaintiff is entitled to the examination sought. The defense .is that the note sued on was without consideration. Upon the trial of the action, upon the introduction of the note with proper proof as to its execution, the consideration is presumed, and the defendant then has to establish as an affirmative defense the fact that there is no consideration. The defendant corporation was, at the time the note was given, under the control of a husband and son of the plaintiff; and it is alleged that the note sued on was executed and delivered to…
2Cited by8 opinions
- Commercial Publishing Co. v. BeckwithAppellate Division of the Supreme Court of the State of New York · 1901
- Press Publishing Co. v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Sterne v. Metropolitan Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Wagner v. Haight & Freese Co.New York Supreme Court · 1903
- Bagley v. WinslowNew York Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.