United States Trust Co. v. Frelinghuysen

Prior to September 1, 1935, the former section 342 of the Civil Practice Act made this provision: “A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed.” This case presents questions as to the scope and effect of that former text.

The action is one for a judgment declaring the respective rights and legal relations of the parties under a so-called collateral bond which the defendants delivered to the plaintiff on February 16, 1932. This bond is an instrument under seal. Plaintiff won at Special…