Blanshan v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John C. Blanshan, as administrator of Elizabeth R. Bruyn, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ulster on the 27th day of May, 1897, upon the dismissal of the complaint by direction of the court after a trial at. the Ulster Trial Term.
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Appeal by the plaintiff, John C. Blanshan, as administrator of Elizabeth R. Bruyn, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ulster on the 27th day of May, 1897, upon the dismissal of the complaint by direction of the court after a trial at. the Ulster Trial Term. This action was originally brought by Elizabeth R. Bruyn. to' recover upon a promissory note alleged to have been made and delivered to her by Jacob De Witt on the day he was seized with his last illness. The note purported to be signed by De Witt,…
1Opinion of the Court
Parker, P. J. :
Upon this- trial the plaintiff has given two lines of evidence -which he claims tend to establish a consideration for the note. First, that showing an existing engagement of marriage between ;the parties; second, that showing services rendered for the maker and extending through a period, of thirty or forty, years. He also claims that he is entitled, in addition to this evidence, to the benefit of the presumption that arises from the recital in the note that it is .given “ for value received,” and rests this last claim upon Durland v. Durland (153 N. Y. 67, 74). Notwithstanding…
2Cases cited3 opinions
- Whitaker v. . WhitakerNew York Court of Appeals · 1873
- Claim of Gallagher v. Estate of BrewsterNew York Court of Appeals · 1897
- Durland v. . DurlandNew York Court of Appeals · 1897
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- Irons Investment Co. v. RichardsonWashington Supreme Court · 1935
- Shotwell v. First National BankNebraska Supreme Court · 1934
- In re the Estate of GreenAppellate Division of the Supreme Court of the State of New York · 1936
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