Legal Opinion

Madden v. Gaston

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1910PublishedCited by 11 opinions

Appeal by the plaintiff, Charlotte F. Hadden, from adjudgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of ' November, 1909, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the New York Trial Term in a suit on two checks alleged to have been signed by the defendant’s testatrix in blank and delivered to the plaintiff and thereafter…

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Appeal by the plaintiff, Charlotte F. Hadden, from adjudgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of ' November, 1909, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the New York Trial Term in a suit on two checks alleged to have been signed by the defendant’s testatrix in blank and delivered to the plaintiff and thereafter by her filled out with the amounts .of $5,000 and $10,000 respectively. The answer put in issue the making of the…

1Opinion of the Court

Miller, J.:

The production of the checks by the plaintiff raised a presumption of a valid and intentional delivery of them to her by the maker. (Neg. Inst. Law [Gen. Laws,, chap. 50; Laws of 1897, chap. 612], § 35; revised in Neg. Inst. Law [Consol. Laws, chap. 38; Laws of 1909, chap. 43]; § 35.) Such delivery operated as prima faoie authority to fill up the blanks for any amount. (Neg. *296Inst. Law, § 33, as amd. by Laws of '1898; chap. 336; revised in Keg. Inst. Law [Consol. Laws, chap. 38; Laws of 1909, chap. 43J, § 33.) The learned trial court was, therefore, wrong in holding that it was…

2Cases cited1 opinion

  1. Davidson v. LanierSupreme Court of the United States · 1867

3Cited by11 opinions

  1. Ellis J. Gomez & Co. v. HartwellSupreme Court of Vermont · 1923
  2. Estate of GillettCalifornia Court of Appeal · 1946
  3. Town of Newbern v. National Bank of BarnesvilleCourt of Appeals for the Sixth Circuit · 1916
  4. Brown v. ThomasSupreme Court of Virginia · 1917
  5. Ely, Salyards & Co. v. Farmers' Elevator Co.Montana Supreme Court · 1923

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