Bartholomay Co. v. Regan

New York Supreme Court

Bartholomay Co. v. Regan

123 Misc. 491, 205 N.Y.S. 747, 1924 N.Y. Misc. LEXIS 999

CourtNew York Supreme Court

DecidedJune 2, 1924

StatusPublished

Cited by1 cases

This text of 123 Misc. 491 (Bartholomay Co. v. Regan) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bartholomay Co. v. Regan, 123 Misc. 491, 205 N.Y.S. 747, 1924 N.Y. Misc. LEXIS 999 (N.Y. Super. Ct. 1924).

Pincite

Opinion

Rodenbeck, J.

The action is upon a promissory note. The examination relates to affirmative defenses. The plaintiff must be prepared to meet these defenses. It will be sufficient for it to prove the note and its non-payment to make out a cause of action, but after the defendant has put in evidence of his defense, the burden shifts upon the plaintiff to show that it has a valid and subsisting [492]*492claim and the amount of the claim. Under such circumstances an examination by the plaintiff as to defendant’s affirmative defenses is permitted. Civ. Prac. Act, § 290; Schweinburg v. Altman, 131 App. Div. 795; Globe Elevator Co. v. American Molasses Co., 197 id. 921. Motion denied, with ten dollars costs to abide the event.

Ordered accordingly.

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Rodenbeck, J.

The action is upon a promissory note. The examination relates to affirmative defenses. The plaintiff must be prepared to meet these defenses. It will be sufficient for it to prove the note and its non-payment to make out a cause of action, but after the defendant has put in evidence of his defense, the burden shifts upon the plaintiff to show that it has a valid and subsisting [492]*492claim and the amount of the claim. Under such circumstances an examination by the plaintiff as to defendant’s affirmative defenses is permitted. Civ. Prac. Act, § 290; Schweinburg v. Altman, 131 App. Div. 795; Globe Elevator Co. v. American Molasses Co., 197 id. 921. Motion denied, with ten dollars costs to abide the event.

Ordered accordingly.

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Bluebook (online)

123 Misc. 491, 205 N.Y.S. 747, 1924 N.Y. Misc. LEXIS 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartholomay-co-v-regan-nysupct-1924.

Opinion

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