Dupont de Nemour Powder Co. v. Rooney
New York Supreme Court
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, ninth district, borough of Manhattan.
1Opinion of the CourtSeabury, J.
The defendant is sued as indorser of a promissory note made by one Dempsey and payable to the plaintiff. The note was made and indorsed at ISTew York city and was payable there.
Within tén days after joinder of issue the defendant served on the plaintiff an original affidavit, to the effect that he had not received notice of non-payment of the note. This notice was served pursuant to section 923 of the Code of Civil Procedure.
In view of the service of this notice the burden was upon the plaintiff to prove, by common-law evidence, that the note was presented for payment, that it was not paid,…
2Cited by6 opinions
- Century Bank v. BreitbartCity of New York Municipal Court · 1915
- Bost v. Rexine Co.Court of Appeals for the D.C. Circuit · 1925
- Century Bank v. BreitbartNew York Supreme Court · 1915
- Smith v. LeimanAppellate Terms of the Supreme Court of New York · 1912
- McGrath v. FrancoliniNew York Supreme Court · 1915
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