Ruck v. Levine

135 Misc. 546 | N.Y. App. Term. | 1930

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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