United States Trust Co. v. Stanton
New York Supreme Court
Appeal from special term, Kings county. Action by the United States Trust Company against Philip V. E. Stanton and others to foreclose a mortgage. From a judgment in favor of plaintiff, defendant Stanton appeals. Reversed. For former reports, see 21 N. Y. Supp. 229, affirmed by 34 N. E. 1098.
1Opinion of the CourtPratt, J.
The burden was upon plaintiff to prove that the last indorsement of interest was made later than October 10, 1867. For that purpose was put in evidence the bond which bore an indorsement dated October 23, 1867, and a witness was called who testified that he made the indorsement on that date. Further ex*615amined, he testified that he received the money, not from the debtor in the bond, but from the obligee, and that he had no personal knowledge of the date when the obligee received the money from the debtor. Upon the question being put to the witness whether the obligee may not at that time have…
2Cited by5 opinions
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- In re the Judicial Settlement of the Accounts SmithAppellate Division of the Supreme Court of the State of New York · 1938
- Werner v. WheelerAppellate Division of the Supreme Court of the State of New York · 1911