Fuller Buggy Co. v. Waldron
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Fuller Buggy Company, from a judgment of the Supreme Court in favor of the defendants Waldron and Cudney, entered in the office of the clerk of the county of Warren on the 2d day of December, 1905, upon the verdict of. a jury rendered by direction of the court. The action is brought upon a promissory note made by the defendant Waldron and indorsed by the defendants Cudney and Bamsey.
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Appeal by the plaintiff, the Fuller Buggy Company, from a judgment of the Supreme Court in favor of the defendants Waldron and Cudney, entered in the office of the clerk of the county of Warren on the 2d day of December, 1905, upon the verdict of. a jury rendered by direction of the court. The action is brought upon a promissory note made by the defendant Waldron and indorsed by the defendants Cudney and Bamsey. On March 14, 1905, after the note became due the defendant Waldron gave the plaintiff’s agents a check for $100 which was paid, and another check.dated April 1905, for $100, and two…
1Opinion of the Court
Chester, J.:
The court evidently directed the verdict in favor of the defendant Waldron upon the theory that the defendant’s testimony that' the checks and renewal notes were taken in payment óf the former *816• note was undisputed and, therefore, that no question of fact was presented for the jury- to determine. The burden of proof to show that the old note was paid rested upon the defendants, it having been taken in payment of a precedent debt. (Hall v. Stevens, 116 N. Y. 201, 206.) I do not think it can be said that they satisfied this burden as a matter of law." Whether the taking of the…
2Cases cited3 opinions
- Honegger v. . WettsteinNew York Court of Appeals · 1883
- Hall v. . StevensNew York Court of Appeals · 1889
- Matter of Utica Nat. Brewing Co.New York Court of Appeals · 1897
3Cited by6 opinions
- Connelly v. Greenfield Savings BankSupreme Court of Iowa · 1921
- A. & L. Trading Co. v. Herald Square Bakers & Caterers, Inc.New York Supreme Court · 1963
- Kahnweiler v. SalomonCity of New York Municipal Court · 1919
- Guttman v. AbbottAppellate Terms of the Supreme Court of New York · 1908
- In re the Account of Proceedings of TharpNew York Surrogate's Court · 1920
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