Siefke v. Siefke
New York Court of Common Pleas
Appeal from trial term. Action by Frederick Siefke against Henry Siefke. From a judgment entered on a verdict in favor of defendant, and from an order denying a new trial, plaintiff appeals.
1Dissent
PRYOR, J.,
(dissenting.) An accepted definition of the “burden of proof,” propounded by our own court of highest authority, is: “The obligation imposed upon a party who alleges the existence of a fact or thing necessary in the prosecution or defense of an action to establish it by proof.” People v. McCann, 16 N. Y. 58, 66. By the law of this state the defense that a note has been altered Since execution is inadmissible under a general denial, and is available only by special plea. Boomer v. Koon, 6 Thomp. & C. 645. Conforming to the rule, the respondent advanced the defense affirmatively in…
2Cases cited8 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Chappell v. SpencerNew York Supreme Court · 1857
- Meikel v. State Savings InstitutionIndiana Supreme Court · 1871
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