Olsen v. Ensign
New York Court of Common Pleas
Appeal from third district court. Action by Lewis A. Olsen against Andrew J. Ensign on a promissory note. From a judgment in favor of plaintiff, rendered by a justice without a jury, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
To action upon a promissory note brought by a after maturity the defense is that no was given for the promise. That the plaintiff,, being the assignee of an overdue debt, holds the same subject to all the equities existing between the original parties is the settled law (Littlefield v. Bank, 97 N. Y. 581), and the defense in question might well prevail, if properly established. Plaintiff proved the due assignment of the note, without contradiction, and, in the absence of affirmative proof to the contrary, it is presumed that such assignment rests upon sufficient consideration. Donnelly v.…
2Cases cited8 opinions
- Belden v. . MeekerNew York Court of Appeals · 1872
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Littlefield v. . Albany County BankNew York Court of Appeals · 1885
- Quincey v. YoungNew York Court of Common Pleas · 1874
- Wolf v. FarleyNew York Court of Common Pleas · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Becker v. FischerAppellate Division of the Supreme Court of the State of New York · 1897
- Kantrowitz v. LevinNew York Court of Common Pleas · 1895