Cowee v. . Cornell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment entered upon the report of a referee. Plaintiff • made a claim against the estate of Latham Cornell, of whose will defendants were the executors, for interest upon a promissory note executed by the deceased. This claim was rejected, and was referred by stipulation.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment entered upon the report of a referee. Plaintiff • made a claim against the estate of Latham Cornell, of whose will defendants were the executors, for interest upon a promissory note executed by the deceased. This claim was rejected, and was referred by stipulation. The facts, as stated by the referee are in substance as follows: Latham Cornell, the deceased, was the grandfather of Latham C. Strong. He wras possessed of large property consisting of real estate, and of personal…
1Opinion of the CourtHand, J.
The counsel for respondents suggested at the close of his argument before us that there was no evidence of a delivery of the note to Strong the payee, and the find ing of delivery by the referee was entirely unsupported. He does not however make this a point in his printed brief, and did not present it strenuously or with any emphasis in his oral remarks.
It is true that the evidence in this respect was not very satisfactory. Ordinarily the possession and production of the note by the payee will raise a presumption of delivery to him. But this presumption must be very much weakened when the…
2Cases cited1 opinion
- Nesbit v. . LockmanNew York Court of Appeals · 1866
3Cited by176 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Pascale v. PascaleSupreme Court of New Jersey · 1988
- Gordon v. Bialystoker Center & Bikur Cholim, Inc.New York Court of Appeals · 1978
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Barnard v. . GantzNew York Court of Appeals · 1893
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