International Madison Bank & Trust Co. v. Silverman

This action was tried before the court and a jury at the October Trial Term in Kings county.

The cause of action was based on certain negotiable notes made by the defendant to the order of the predecessor in interest of the plaintiff. The defense was that the notes had been discharged by a payment made by a third party on behalf of the defendant. (Neg. Inst. Law, § 200, subd. 1.) The burden of proof of such defense was on the defendant, and after all the testimony had been taken the case was submitted to the jury. After several hours of deliberation the jury returned to the court and announced…