Legal Opinion
Bartholomay Co. v. Regan
New York Supreme Court
Decided June 2, 1924PublishedCited by 2 opinions
1Opinion of the CourtRodenbeck, J.
The defendant sets up payment of the promissory note sued on, breach of the conditional oral agreement under which it was delivered, impossibility of performance of this agree*490ment by both parties due to the passage of the Volstead Act and waiver of further payments on the note. These are all affirmative defenses and the examination is sought to enable the defendant to prove them which brings the application within the rule." The amount paid on the note admitted in the complaint may technically place the burden on the plaintiff of showing payment (New York City Car Ad. Co. v. Regensburg &…
2Cases cited5 opinions
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
- New York City Car Advertising Co. v. E. Regensburg & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Friedman v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Ritzwoller v. LurieAppellate Division of the Supreme Court of the State of New York · 1923
- Michael v. EllwangerAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Conn v. William Hengerer Co.New York Supreme Court · 1934