Ruck v. Levine

Appellate Terms of the Supreme Court of New York

Ruck v. Levine

135 Misc. 546, 239 N.Y.S. 437, 1930 N.Y. Misc. LEXIS 992

Appellate Terms of the Supreme Court of New York·Decided January 22, 1930·Published·Cited by 2 cases

Opinion

Per Curiam.

The defense of failure of consideration is not one of those specified in section-94 of the Negotiable Instruments Law, as rendering title to the instrument defective and, therefore, it did not cause a shifting upon plaintiff of the burden of proving he was a holder in due course. (See Neg. Inst. Law, § 98.) The burden was on the defendant to establish that plaintiff was not a holder in due course. As he failed to meet this burden the judgment is reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event. Appeal from order dismissed.

All concur; present, Lydon, Peters and Frankenthaler, JJ.

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Per Curiam.

The defense of failure of consideration is not one of those specified in section-94 of the Negotiable Instruments Law, as rendering title to the instrument defective and, therefore, it did not cause a shifting upon plaintiff of the burden of proving he was a holder in due course. (See Neg. Inst. Law, § 98.) The burden was on the defendant to establish that plaintiff was not a holder in due course. As he failed to meet this burden the judgment is reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event. Appeal from order dismissed.

All concur; present, Lydon, Peters and Frankenthaler, JJ.

Ruck v. Levine, 135 Misc. 546, 239 N.Y.S. 437, 1930 N.Y. Misc. LEXIS 992 (N.Y. Ct. App. 1930).

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