Nay v. . Curley
New York Court of Appeals
Appeal from judgment of the General Term of the Court ■ of Common Pleas in and for the city and county of New York, entered upon an order made Hay 14, 1888, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover the amount of an alleged loan made by plaintiffs’ intestate to defendant. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court ■ of Common Pleas in and for the city and county of New York, entered upon an order made Hay 14, 1888, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover the amount of an alleged loan made by plaintiffs’ intestate to defendant. The material facts are stated in the opinion. Where one man delivers a sum of money to another, if there be nothing else to explain the transaction, the legal presumption is that the money belonged to the one who received it, and not that he thereby became a…
1Opinion of the CourtAndrews, J.
It is conceded, and it is undoubtedly the general rule, that in the absence of explanation the presumption arising from the delivery of a check is that it was delivered in payment of a debt, and not as a loan. (Koehler v. Adler, 78 N. Y. 287; Poucher v. Scott, 98 id. 422.) But a' check may represent a loan or a gift, or money of the drawer, to be applied by the drawee to the use of the former as his agent or otherwise. The plaintiffs proved that the check was delivered by their intestate to the defendant, the payee, on the day of its date (Dec. 22,1886); its indorsement by the latter; that it…
2Cases cited4 opinions
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Tooley v. . BaconNew York Court of Appeals · 1877
- Grey v. . GreyNew York Court of Appeals · 1872
- Lerche v. . BrasherNew York Court of Appeals · 1887
3Cited by96 opinions
- In re the Estate of WoodNew York Court of Appeals · 1981
- Michelle Rosenfeld v. Gerard Basquiat, as Administrator of the Estate of Jean-Michel BasquiatCourt of Appeals for the Second Circuit · 1996
- Kroh v. HeinsNebraska Supreme Court · 1896
- Cole v. . SweetNew York Court of Appeals · 1907
- Leask v. HoaglandNew York Supreme Court · 1909
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