Sproul v. Beskin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Beskin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 9th day of February, 1917, upon the decision of the court after a trial before the court without a jury.
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Appeal by the defendant, Samuel Beskin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 9th day of February, 1917, upon the decision of the court after a trial before the court without a jury. The complaint was on a promissory note for $1,000, dated February 3, 1916, and payable two months after date at the Peekskill National Bank, made by one Clarence E. Gruner to the order of defendant as payee, indorsed by the defendant and by plaintiff. The complaint alleged that the maker procured the discount of the…
1Opinion of the Court
Blackmar, J.:
The plaintiff having proved the note, and that he had paid the same and taken it up from the bank, rested on the prima facie case. The burden then shifted to the defendant to prove the defective title to the note as alleged in the answer, but he was prevented from so doing by rulings by the court, on the ground that the plaintiff was not present at the time of the transaction. The defendant had the right to prove that his signature was procured on the promise that the note would be filled up with the same indorsers as before, and so afford him the security of the prior…
2Cases cited3 opinions
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Smith v. . WestonNew York Court of Appeals · 1899
- First National Bank of Friendship v. WestonAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Campbell River Timber Co. v. VierhusCourt of Appeals for the Ninth Circuit · 1936
- Mitchnik v. BrennanCity of New York Municipal Court · 1936
- Federal Deposit Ins. v. 445 Bedford Road Corp.District Court, S.D. New York · 1942