Appellate Division of the Supreme Court of New York, 1913

Bromsted v. Hamilton

Bromsted v. Hamilton
Appellate Division of the Supreme Court of New York · Decided March 15, 1913
155 A.D. 945; 140 N.Y.S. 1111
Bromsted v. Hamilton

Opinion of the Court

Judgment affirmed, withcosts. All concurred, *946except Kruse, J., who dissented upon the ground that a presumption of payment arises from the various transactions after the plaintiff’s claim accrued. The plaintiff made no such claim when called upon to pay defendant’s judgment nor at any time until long after the death of defendant’s testator, and in any event the fifty dollars rent should have been allowed.

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